DATTATRAY ATMARAM GANFADE Vs. DISTRICT SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally with the consent of learned counsel for the rival parties.

(2.) In Original Application No. 1045 of 1993, Maharashtra Administrative Tribunal, Nagpur, at the instance of the petitioner, who was the applicant therein, has quashed and set aside his termination order dated 18-6-1993, refused to grant backwages and ordered the respondents to reinstate the petitioner on production of medical fitness certificate from the Civil Surgeon, Chandrapur.

(3.) Learned counsel for the petitioner assailed the impugned order made by the Maharashtra Administrative Tribunal on the ground that the Tribunal having found the termination order dated 18-6-1993 made by respondent No. 1/Superintendent of Police, Chandrapur, as well as the appellate authority being illegal, rightly quashed and set aside the same. According to him, the Tribunal was however not justified in making a further order vide clause (b) of operative order in para 43 of the judgment to incorporate a condition that the applicant shall produce a medical certificate from Civil Surgeon, Chandrapur and therefore that part of the order is wrong and illegal. He further argued that in the light of the letter dated 3-7-2010 (Annexure 6) and another letter dated 19-7-2010 the petitioner is ready to accept the proposal and is also ready not to press his challenge regarding refusal of backwages. The learned A.G.P. relied on Rule 15(2) of The Maharashtra Civil Services (General Conditions of Service) Rules, 1981 and argued that the direction in the said clause (b) of operative part of the judgment in para 43 is in accordance with the said Rule and therefore no fault could be found out with the order of the Tribunal.