JAYANTIBHAI RAOJIBHAI PATEL Vs. MUNICIPAL COUNCIL, NARKHED

JUDGEMENT

(1.) The appellant was appointed on 1 July 1986 as a Headmaster of the Nagar Parishad High School conducted by the Municipal Council of Narkhed in the District of Nagpur. On 5 February 1994, a notice to show cause was issued to him, levelling an allegation of misappropriation of Rs 5,000. After the appellant submitted a reply on 6 February 1994, the first respondent appointed a former Deputy Education Officer, Shri Marathe as an inquiry officer. A charge-sheet was issued to the appellant on 8 June 1994. The inquiry officer submitted a report on 25 July 1994, holding that the appellant was not guilty of the misconduct he was charged with.

(2.) On 27 August 1994, the first respondent resolved to appoint another inquiry officer to conduct an inquiry into the charges against the appellant. A former Chief Officer, Shri Sontakke was appointed as an inquiry officer. The appellant objected to the convening of a second inquiry by his letter dated 24 September 1994. The new inquiry officer issued a notice to show cause to the appellant on 26 September 1994. The appellant objected to the appointment. In the meantime, on 10 October 1994 the first respondent called upon the appellant to show cause what action should be taken pursuant to the report of the first inquiry officer. On 8 November 1994, the first respondent inferred that the report of Shri Marathe was not acceptable to the appellant and proceeded with the inquiry under Shri Sontakke.

(3.) The new inquiry officer submitted his report on 20 April 1995, holding the appellant guilty of misappropriation of funds and defalcation. On the basis of the report of the inquiry officer, a notice to show cause was issued to the appellant to which he submitted his reply. The first respondent then passed a resolution removing the appellant. This was followed by an order of removal dated 29 June 1996. The appeal filed by the appellant before the Regional Director, Municipal Administration, Nagpur Division under Section 79 (6) of the Municipal Councils, Nagar Panchayats and Industrial Townships Act 1965 was dismissed on 31 August 1996.