Mr. Subhash Baliram Savaskar v. Solapur Municipal Corporation And ANR.

901-WP11511-14.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11511 OF 2014 Subhash Baliram Savaskar ....Petitioner

Versus

Solapur Municipal Corporation & ors.

...Respondents

Mr. Shardul Singh, I/b DSK Legal, for the Petitioner. Mr. D. G. Dhanure, for Respondent nos.1 and 2.

CORAM:

B. R. GAVAI & N. J. JAMADAR, JJ DATED:

8th March, 2019 Oral Order :­ (Per B. R. Gavai, J.) 1.

The Petitioner has approached this Court since the departmental proceedings were initiated against the Petitioner after his retirement though the General Body of the Respondent - Corporation had not granted approval to initiate such proceedings.

2.

The matter was adjourned on 11th February, 2019, so as to enable the learned Counsel for the Corporation to take instructions from the in­charge Commissioner of the Corporation, as to whether the said Commissioner has decided to drop the enquiry proceedings or not since the same are contrary to the statutory provisions. 3.

The matter was, thereafter, adjourned to certain dates since the learned Counsel for the Corporation was not in a 1/2

901-WP11511-14.DOC position to take appropriate instructions from the Corporation.

4.

Ultimately, the learned Counsel for the Corporation submitted that the present incumbent in the office of the Commissioner ­ Corporation has decided to withdraw the departmental proceedings against the Petitioner. 5.

Needless to state that, if any amount payable to the Petitioner on account of his retirement is withheld, the same shall be released within six weeks from today. 6.

It is further to be noted that the Commissioner, vide communication dated 7th March, 2019, addressed to the State Government, has withdrawn the challenge which was made by the then Commissioner to the resolution of the General Body refusing to grant approval to initiate the departmental proceedings against the Petitioner. 7.

The petition is, therefore, allowed in aforesaid terms. [N. J. JAMADAR, J.] [B. R. GAVAI, J.] 2/2