PRADEEP MUKUND BHAGWAT Vs. DEPUTY CHIEF ENGINEER

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel appearing for the parties, the Petition is taken up for hearing and final disposal.

(2.) Petitioner has filed the present Petition under Article 226 of the Constitution of India challenging termination order dtd. 9/7/2020 and seeking a direction for grant of voluntary retirement in pursuance of application submitted on 1/11/2013. Petitioner has been terminated from service by order dtd. 9/7/2020 on account of continuous absence for a period of exceeding five years under Regulation 27(i) of the Mumbai Municipal Corporation (Service) Regulations, 1989 [MMC (Service) Regulations].

(3.) Briefly stated, facts of the case are that the Petitioner was appointed in Municipal Service on 23/11/1987 as a Junior Engineer. In the year 2013, he was posted as Sub Engineer (SWD) Construction, City. Petitioner proceeded on leave from 10/3/2013 upto 10/4/2013 on medical grounds which was sanctioned. However, he failed to resume duties on 11/4/2013 and remained absent thereafter. By letter dtd. 28/5/2013 he was directed to resume duties. According to the Petitioner, he could not resume duties on account of his parents' severe illness as well as his own health problems. By further letter dtd. 18/6/2013, Petitioner was once again directed to resume duties. On 12/7/2013, the Petitioner submitted a letter explaining his absence and seeking guidance from the office. On 1/11/2013, Petitioner tendered application for voluntary retirement with effect from 1/2/2014 by issuing three months prior notice. By letter dtd. 12/11/2013 Petitioner was directed to deposit the records of work completed under his supervision at Sane Guruji Marg. He was given reminder on 14/11/2013. On 18/11/2013, Petitioner was informed that his application for voluntary retirement dtd. 1/11/2013 was kept pending on account of failure to report for duties and failure to submit the site records. On 3/12/2013, Petitioner submitted an application for updating his service record and once again requested for processing his application for voluntary retirement.