VIJAY Vs. GODAVARI GARMENTS LTD

JUDGEMENT

(1.) The petitioner takes exception to the order of his removal dated 31-7-1996 passed by the Executive Director of the respondent No. 1, thereby removing the petitioner from the service as Head Accountant with effect from 31-7-1996, and further prays for directing the respondents to take the petitioner on duty as Head Accountant with effect from 31-7-1996 along with salary, increments, back-wages and other benefits.

(2.) The petitioner at the relevant time was working as Head Accountant with the respondent No. 1, departmental inquiry was initiated against one Shri P. S. Udawant, Shri N. L. Kundalikar a cashier and the petitioner on 27-3-1995 was issued the charge-sheet, as per the said charge-sheet, charge against petitioner was that the petitioner was guilty of dereliction of his duty by not verifying the character, honesty of Shri Kundalikar and intentionally committing breach of Rule 3 of the Maharashtra Civil Services (Discipline), Rules, 1976. The allegations against one Shri P. S. Udawant were of similar nature, whereas Shri Kundalikar was accused of mis-appropriating a sum of Rs. 5,86,016.37 paise. The petitioner filed reply to the charge-sheet denying the allegations. The Executive Director of respondent No. 1 appointed one Shri S. G. Muglikar, as an Inquiry Officer. The witnesses came to be summoned and the Inquiry Officer submitted the report. The Board of Directors agreed with the findings of the Inquiry Officer, and as such show-cause notice was issued to all three delinquents i.e. Shri P. S. Udawant, N. L. Kundlikar and the petitioner. After receipt of the reply, the Board of Directors of respondent No. 1 passed an order of removing petitioner and Shri Kundalikar from service and four annual increments of Shri P. S. Udawant were permanently with-held. The petitioner has challenged the said order of removal before this Court.

(3.) We have heard Shri M. D. Joshi, learned counsel for the petitioner, Shri R. P. Powar, learned counsel for the respondent No. 1 and Shri K. B. Choudhari, Addl. G.P. for respondent No. 2/State at length.