ABHIMANYU LAXMAN KUMBHAR Vs. MAHARASHTRA STATE ELECTRICITY

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Learned Counsel Mr. Avishkar S. Shelke waives service for respondent no.1. At the joint request of the parties, the matter is heard finally at the stage of admission.

(2.) The short issue involved in the present petition is, whether an employer is justified in denying wages to the employee during pendency of appeal against his acquittal on the principle of 'no work no pay '.

(3.) Petitioner was working as a Junior Technician with Maharashtra State Electricity Distribution Company Ltd (hereinafter referred to as the 'MSEDCL '). He got himself embroiled in criminal prosecution on the charges of demand and acceptance of illegal gratification. Under Regulation 90 of the Maharashtra State Electricity Distribution Company Ltd. Employees ' Service Regulations, 2005 (hereinafter referred to as 'the Service Regulations ') there is a provision for conduct of a summary enquiry. Such summary inquiry proceedings were initiated by issuing charge-sheet dtd. 20/9/2008. After receipt of Petitioner 's reply, the penalty of removal from service with effect from 22/7/2008 was imposed on him vide order dated 8. 12.2008. His appeal against the order of removal was rejected by order dtd. 13/8/2009.