DATTATRAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE order of compulsory retirement passed by the commissioner, Amravati division, amravati on 30th March, 1988 following the domestic enquiry has been challenged in this petition.

(2.) THE petitioner Dattatraya Mahadeo Jamkar was serving at the relevant time in December 1983 as Naib Tahsildar. Kelapur in Yavatmal district. The Tahsildar, Kelapur proceeded initially on leave and in his place one Mr. Mulavkar was asked to look after the duties of the Tahsildar. This Mulavkar initially proceeded on casual leave and then on earned leave, converting the initial casual leave also into earned leave. The present petitioner was directed to look after the charge of the Tahsildar, Kelapur in addition to his own duties from 12-12-1983 to 21-12-1983. There was a further direction in the order-annexure-1 that the petitioner was to perform all the duties as was being performed by Shri Mulavkar. With this order Annexure-1, the petitioner started performing the additional duties of the Tahsildar.

(3.) ONE revenue case was pending before the Tahsildar, Kelapur. Two persons, namely, Buchya Kasha and Lallu Kashya had applied before the Tahsildar, Kelapur for permission to fell the trees standing in the field Survey Nos. 10/1 and 11/1. There were about 550 trees standing in these two fields including 475 Teak trees and 75 Adjat trees. This application was made by these two persons before the Tahsildar, Kelapur sometimes on 14-3-1983. This application remained pending before the Tahsildar. Some steps were taken during the pendency of this application inasmuch as the reports of the Agricultural Officer, Divisional Forest Officer and Talathi had already been called for. A spot inspection note recorded by the Naib Tahsildar also formed part of the record. With all this material, the case came up before the present petitioner sometimes on 19-12-1983. The petitioner passed the order permitting the felling of these trees.