CHANDRAKANT GANPAT NARKHEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner was employed as Senior clerk in Salve English Vidyalaya -respondent No. 3- with effect from 11-9-1967. The petitioner was in continuous service. On 6-10-1980. Administrator was appointed for the institute as per the provisions of the Maharashtra educational Institutions (Management) Act, 1976 (hereinafter referred to as the 1976 Act ). Shri Charudatta Narkade was the Head Master of the School. The management of the Society had filed a case against him on various grounds, including the allegation regarding forgery and the petitioner was main witness on behalf of the prosecution in the said matter. Shri Narkade was reappointed as Head Master with effect from 6-10-1980 by the Administrator, Shri Narkade had a grudge against the petitioner.

(2.) THE Administrator of the Society appointed by the state Government served a notice on the petitioner dated 24-11-1981. The notice, inter alia, mentioned that, in the audit objections, it was observed that the auditors fees were paid in cash on 31-3-1980 and the said amount was also paid by cheque. Thus, for the same transaction, twice the amount was paid and the receipt was prepared for the two amounts paid and thus, the amount of Rs. 300 was misappropriated. It was also mentioned in the notice that the auditor had observed that the management failed to produce Receipt Book No. 12 containing Receipts Nos. 1102 to 1200. The petitioner was asked to submit his explanation within eight days.

(3.) THE petitioner immediately submitted his application contending that the documents pertained to the period of 1979-1980 and 1980-1981. Therefore, he be given all the necessary documents and also the audit report to enable him to submit his explanation.