LAWS(SC)-2006-10-11

PANDIT D AHER Vs. STATE OF MAHARASHTRA

Decided On October 31, 2006
PANDIT D.AHER Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 22.7.2005 passed by a Division Bench of the High Court of Judicature at Bombay in Writ Petition No. 4467 of 2005 whereby and whereunder the writ petition filed by Appellant herein was dismissed.

(3.) The appellant at all material times was working as Block Development Officer. A departmental proceeding was initiated against him on the purported charge that he had committed serious misconduct, causing loss to the government to the tune of Rs. 2,85,658/-. A departmental inquiry was conducted on the said charges. The Inquiry Officer in his report held the appellant to be guilty thereof. Two show cause notices were issued to him. On 21.12.1998, in the show cause notice, imposition of punishment of recovery of government losses to the tune of Rs. 2,85,658/- and forfeiture of pension for a period of five years was proposed. Another notice was serviced on him on 20.07.2000 proposing imposition of punishment of forfeiture of the entire pension and gratuity and to recover the amount of the government losses to the tune of Rs. 2,85,658/- which were not recoverable as per the earlier notice dated 21.12.1998.