DIRECTOR TOWN PLANNING MAHARASHTRA Vs. BHALCHANDRA VASANTRAO KULKARNI

JUDGEMENT

(1.) Challenge in this appeal is to the legality of the judgment rendered by a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the writ petition filed by the appellant, thereby upholding the order passed by the Maharashtra Administrative Tribunal, Nagpur Bench, Nagpur (hereinafter referred to as the Tribunal).

(2.) The controversy lies in a very narrow compass.

(3.) The respondent was working as a Peon in the establishment of Director, Town Planning, Akola. An order of termination was passed taking note of several acts of misconduct by the respondent. The order of termination was passed dispensing with inquiry in terms of Article 311(2) of the Constitution of India, 1950 (in short the Constitution). In the order dated 7.5.1986 fifteen charges of misconduct were referred to. The Deputy Director of Town Planning, Amravati, Division Amravati, passed the order indicating therein that the various acts of the respondent clearly demonstrated his unsuitability and the reasons as to why it would not be reasonably practicable to hold an inquiry as is referred to in clause (2) of Article 311 of the Constitution. Therefore, dispensing with the inquiry the concerned authority decided to terminate him from service after giving him one months salary instead of one months notice. It was noted that he was in police custody from 30.4.1986 to 8.5.1986. All the employees of the office were terrified due to his horrible acts and possibility of his resorting to tumult and terrify members of the staff after release from police custody cannot be ruled out and suspension would not be an effective means to check his unlawful activities.