LEELAMRUT Vs. MORMUGAO PORT TRUST

JUDGEMENT

(1.) Heard Mr. Sachin Khate for the Petitioners in both these Petitions and Mr. Y.V. Nadkarni for the Respondents.

(2.) The learned Counsel for the parties states that common issues of law and fact arise in both these Petitions and, therefore, both these Petitions can be disposed of by a common Judgment and Order by treating Writ Petition No. 235/2021 as the lead Petition. Mr. Y.V. Nadkarni pointed out that there may be some differences in the dates of appointment, superannuation, etc. However, he submitted that such differences do not render the material facts in both the Petitions significantly different. Based on these submissions, we proceed to dispose of both these Petitions by a common Judgment and Order by treating Writ Petition No. 235/2021 as the lead Petition.

(3.) The challenge in this lead Petition is basically to the impugned order dtd. 18/11/2020, by which the Respondents have imposed a penalty of permanent withdrawal of full pension sanctioned to the Petitioner on his retirement from services of the Mormugao Port Trust (MPT), as Assistant Materials Manager, with effect from 31/8/2015. The impugned order, however, provides that there would be no recovery of any amount, including the pension already paid to the Petitioner till the date of issue of the impugned order dtd. 18/11/2020. This impugned order, stopping payment of pension to the Petitioner, was made in disciplinary proceedings initiated against the Petitioner almost 3 years after the date of the Petitioner's retirement on superannuation with effect from 31/8/2015.