1 wp2755.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2755 OF 2009 Maruti s/o Ramchandra Karagir, Age: 61 years, Occ: Retired, R/o. Vitthalnagar, Shelhal Road, Udgir, Dist. Latur. ...PETITIONER VERSUS The Managing Director, Maharashtra State Electricity Distribution Co. Ltd.(M.S.E.D.C.L.) Disciplinary Action Section, "Prakashgad". 3rd Floor, Station Road, Bandra (Esrt), Mumbai-51 & Anr. ...RESPONDENTS ... Mr. V.P. Golewar, Advocate for the petitioner. Mr.S.M. Godsay, Advocate for respondent Nos.1 & 2. ... CORAM: SMT. NISHITA MHATRE & S.S. SHINDE, JJ. DATE : 15TH APRIL, 2011 PER COURT : The petitioner was working with the respondents as a Deputy Chief Accounts Officer at Circle Office, Latur. The main contention of the petitioner is that he has been found guilty of certain acts of misconduct without holding an 2 wp2755.09 inquiry. He had preferred a Departmental Appeal on 30-06-2005, on the date he was to retire from service on attaining the age of superannuation. That appeal had been dismissed by an order dated 08-12-2008 on the ground that the M.S.E.B. Employees' Service Regulations No. 92(k) does not permit the Departmental Appeal to be filed by persons who had been superannuated. 2. Admittedly, the appeal is filed on 30-06-2005 i.e. the date on which the petitioner was to retire. Therefore, the order passed by the Appellate Authority is incorrect and not tenable. 3. The order dated 08-12-2008 is quashed and set aside. The Departmental Appeal is restored to file. The respondents to consider the appeal of the petitioner in accordance with law. The petition is disposed of. [S.S. SHINDE, J.] [SMT. NISHITA MHATRE, J.] sut/Apr11