Sayyed Rashid Sayyed Noor v. Bharat Sanchar Nigam Limited Through Its General Manager

924 wp 1763 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO. 1763 OF 2025 Sayyed Rashid Sayyed Noor

VERSUS

Bharat Sanchar Nigam Limited Through Its General Manager ...

Advocate for the Petitioner : Mr. S. S. Deshmukh and Mr. M. S. Shaikh (Absent) ...

CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 6th FEBRUARY, 2025 PER COURT :

.

Heard.

2.

Learned counsel for the petitioner has stated that the proposed inquiry initiated against the petitioner is in contravention of the Rule 61, Sub-rule (4)(2)(b)(ii) of the disciplinary provision for retiring employees. He would submit that the alleged event, as alleged was of 2000. Though not admitted to the petitioner, since the event is considered, the proposed departmental inquiry should have been initiated within four years from the year 2000. However, the respondents have misinterpreted the provision 1 of

924 wp 1763 2025.odt and they are counting four years from the date of his retirement. It appears that the question of interpretation of provision has been raised. No doubt, the petitioner was retired on 31.01.2024 and the memorandum was served on 27.01.2024, which is apparently after four years on the date of his retirement.

3.

Issue notice to respondent, returnable on 06.03.2025. 4.

Considering the issue involved there shall be interim protection to the petitioner. Respondent should not proceed with the proposed charge-sheet till the next date. (SHAILESH P. BRAHME, J.) (S. G. MEHARE, J.) Komal/ 2 of