MOHAN JAGANNATH SALUNKE Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 29.3.1988, passed by the respondent No.1, which is confirmed by order dated 17.6.1991, by respondent No.2.

(2.) THE brief facts of the case, are as under;-

(3.) LEARNED counsel appearing for the petitioner submitted that false criminal case under Section 306 and 498-A of I.P.C. was initiated against the petitioner. He was subsequently acquitted in the said case on 22.8.1989 on the ground that there is no evidence against the petitioner. On the contrary, the petitioner treated his wife with love and affection. It is further argued that circular dated 24.11.1987 is unconstitutional, as is against the provisions of Article 14 of the Constitution of India. It is further submitted that if the servant working under the Government of Maharashtra, under relevant Rule, if he involved in the criminal case, then he is to be suspended and not terminated. According to the learned counsel, the Circular dated 24.11.1987 is arbitrary. It is further argued that the petitioner has worked for more than 240 days and he has acquired the status of permanent employee. According to the learned counsel in view of circular dated 11.4.1988, the petitioner is appointed prior to 17.1.1988 and his services are to be regularized and therefore, it cannot be said that the petitioner's services were for one year. It is further submitted that due to circular dated 24.11.1987, discriminatory treatment is given to the civil servants and Zilla Parishad servants and the said classification is unreasonable. Learned counsel further submitted that respondent No.2 failed to examine the above aspects and rejected the case of the petitioner herein. Learned counsel further invited my attention to the grounds taken in the petition and submitted that the writ petition deserves to be allowed.