:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 73 OF 2009 WRIT PETITION NO. 73 OF 2009 WRIT PETITION NO. 73 OF 2009 The Chief Executive Officer, Zilla Parishad, Kolhapur & Anr. ..Petitioners versus Vasant Bhausaheb Patil ..Respondent Mr. S. R. Nargolkar for the Petitioners. Mr. M. S. Topkar for the Respondent. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 27TH JANUARY, 2009. DATE : 27TH JANUARY, 2009. DATE : 27TH JANUARY, 2009. P.C. P.C. P.C. . Heard the learned counsel for the parties. 2. The petitioners have challenged the Order of the Industrial Court declaring that the petitioners have indulged in an unfair labour practice under item 9 of Schedule IV of the MRTU & PULP Act, 1971. 3. The petitioners are found by the Industrial Court to have initiated the departmental enquiry much beyond the period of four years of the alleged loss caused by the respondent to the Government. The Industrial Court has found that the show cause :2: notice itself refers to losses caused in the year 1973, 1984 and 1988 etc. Admittedly, the charge sheet was framed on 22.12.1997. Rule 27 2(b) of The Maharashtra Civil Services (Pension) Rules, 1982, reads as follows: "27. Right of Government to withhold or Right of Government to withhold or Right of Government to withhold or withdraw pension.- withdraw pension.- withdraw pension.- (1) Government may, by order in writing, withhold or withdraw a pension or any part of it, whether permanently or for a specified period, and also under the recovery from such pension, the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty of grave misconduct or negligence during the period of his service including service rendered upon re-employment after retirement: Provided ..... Provided ..... (2) (a) .... (b) The Departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement or during his re-employment.- (i) shall not be instituted save with the sanction of the Government. (ii) shall not be in respect of any event which took place more than four years before such institution, and (iii) shall be conducted by such authority and at such place as the Government may direct and in accordance with the procedure :3: applicable to the departmental proceedings in which an order of dismissal from service could be made in relation to the Government servant during his service." It is clear that there is no reason to interfere with the findings of the Industrial Court since clearly the enquiry has been initiated much after the period of four years after the alleged loss, prescribed by the aforesaid Rule. There is no merit in the petition, which is hereby dismissed. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)