LAWS(BOM)-2023-7-87

MAHADEO ADKUJI RAHELE Vs. ZILLA PARISHAD, GONDIA

Decided On July 13, 2023
Mahadeo Adkuji Rahele Appellant
V/S
Zilla Parishad, Gondia Respondents

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsels for the rival parties.

(3.) The petition questions the penalty imposed by the respondent No.1 by the order dtd. 28/8/2017 (page 66), on the ground, that the respondent No.1 ought not to have accepted the findings of the Enquiry Officer regarding the charge No.2 being held to be partly proved against the petitioner, thereby imposing a penalty of withholding two increments permanently. This has been upheld by the learned Appellate Authority by the order dtd. 28/9/2018 (page 99). Another ground of challenge is that though the show cause notice dtd. 25/4/2017 (page 62) proposed for withholding of two increments temporarily, the order dtd. 28/8/2017 goes beyond the show cause by withholding of two increments permanently.