STATE OF MAHARASHTRA Vs. MADHUKAR SURYABHAN INGALE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final hearing at admission stage.

(2.) Feeling aggrieved by the judgment and order dated 7.4.2018 passed in Original Application No.534/2014 by the Vice Chairman (J.), Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad (hereinafter referred as "Tribunal" for brevity), the petitioner/State is invoking the extra-ordinary writ jurisdiction under Article 226 of the Constitution of India.

(3.) The factual scenario in short is as under : The respondent herein was serving as Superintending Agriculture Officer in the Agriculture, Animal Husbandry, Dairy Development and Fisheries Department. He was promoted as Class-I and Senior Class-I cadre on 11.9.1981 and 20.2.1991, respectively. The departmental enquiry was initiated against the respondent on 17.1.1998. The enquiry report was submitted to Disciplinary Authority on 11.11.2003. The respondent was slapped with three charges - (1) for irregularities in purchase of seeds/plants; (2) causing loss to the Government to the tune of Rs.35,37,094/-; and (3) not following financial guidelines and procedure for procurement of seeds/plants and one additional charge of misuse of powers in making transfers of Officers/staff. The Enquiry Officer arrived at conclusion that charge Nos. 1, 2 and 3 were duly proved against the respondent. Additional charge against the respondent was not proved. The disciplinary authority imposed punishment upon the respondent and directed to recover Rs.35,37,094/- in one stroke as well as withdrawal of pensionary benefits.