UMESH Vs. STATE OF MAHARASHTRA,

JUDGEMENT

(1.) Heard learned counsel appearing for the parties.

(2.) The challenge in this petition is to the order dated 05.05.2006 passed in Original Application No. 177/1995 by Maharashtra Administrative Tribunal, Nagpur, whereby the petitioner's removal from services was maintained.

(3.) The petitioner was appointed on 18.06.1990 as Planning Assistant purely on temporary basis for six months and was posted in the office of the Assistant Director of Town Planning (Valuation), Aurangabad. Before expiry of six months period, the petitioner filed Writ Petition No. 3634/1990 in this Court at Aurangabad Bench seeking his continuation on the post of Planning Assistant. In the said writ petition, this Court has granted interim relief directing the Authorities to continue the petitioner's services on said post till the candidate selected by the Selection Board is appointed against the said post. Thereafter, the petitioner had been transferred to Nagpur on the same post and while serving, on 08.12.1994, he was caught in trap led by State Anti-Corruption Bureau allegedly accepting bribe amount of Rs. 2,000/- It was followed by petitioner's termination by respondent No. 3 Deputy Director of Town Planning, Nagpur Region vide order dated 20.12.1994. Being aggrieved, the petitioner preferred Original Application No. 177/1995 before the Maharashtra Administrative Tribunal. It was petitioner's contention that he was removed without holding any departmental inquiry. Moreover, his termination/removal amounts to stigma and therefore it is violative of Article 311(2) of the Constitution of India read with explanation to the Rule 5 (viii) (b) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.