MAHARASHTRA JEEVAN PRADHIKARAN Vs. ADINATH DEVAPPA MAGDUM
LAWS(BOM)-2016-3-35
HIGH COURT OF BOMBAY
Decided on March 07,2016

MAHARASHTRA JEEVAN PRADHIKARAN Appellant
VERSUS
Adinath Devappa Magdum Respondents

JUDGEMENT

- (1.) By this writ petition filed under under Articles 226 and 227 of the Constitution of India the petitioner has impugned the order dated 28th July, 2015 passed by the learned Member, Industrial Court, Pune thereby quashing and setting aside the impugned notice dated 30th November, 2012 and restraining the petitioner herein from making any recovery pursuant to the said impugned notice issued by the petitioner.
(2.) The respondent was appointed as a Tracer with the Kolhapur office of the petitioner by an order dated 4th September, 1985. It is the case of the petitioner that by an office order dated 2nd June, 1987, the respondent along with three other Tracers came to be exempted from passing the departmental examination of Tracers due to the bona-fide mistake on the part of the petitioner in applying Rule 8(C) and (D) of the Regulations applicable to the respondent. It is the case of the petitioner that on the basis of the said error alleged to have been committed by the petitioner, the respondent was promoted to the post of Civil Engineer Assistant w.e.f. 20th December, 2001 along with other three Tracers.
(3.) It is the case of the petitioner that on 18th December, 2012, the higher officer of the petitioner noticed the said mistake of granting exemption to the respondent and other three Tracers. The petitioner issued a show cause notice on 18th December, 2012 to the respondent as to why he should not be demoted and the recovery in the differential pay shall not be effected from the respondent.;


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