DAYANANDSHANKARRAO LOKHANDE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS petition under Article-226 of the Constitution of india takes exception to the order passed by the Lieutenant General, General officer Commanding-in-Chief dated 30-6-1984 partly allowing the appeal to the extent of modifying the order of removal passed by the Cantonment Board, kirkee to take effect from the date of the order of the Board i. e. 14 December 1983. It is stated that the predecessor of the petitioners - original petitioner (hereinafter referred to as the 'petitioner' for the sake of convenience) was placed under suspension on August 1, 1975 as departmental proceedings were contemplated against him. The petitioner was thereafter charge-sheeted and faced departmental proceedings. In all seven charges were framed against the petitioner. In these proceedings we are concerned only with charges Nos. 1,6 and 7, for the petitioner has been exonerated of the other charges. The same read thus :

(2.) THE Inquiry Officer found that the charges against the petitioner were duly proved and accordingly recommended removal of the petitioner from the date of suspension on the ground that he was found guilty of breach of trust and dishonesty; neglecting his basic responsibilities in maintaining medical store ledgers, resulting loss of medicines worth Rs. 30,520. 37 paise to the Cantonment hospital; and continued inefficiency over a period of time stemming from dilatory tactics adopted by him in dealing with the administration. Pursuant to the report submitted by the Inquiry Officer, the disciplinary authority removed the petitioner from service by order dated 29-7-1982.

(3.) AGAINST the said decision the petitioner went in appeal before the appellate authority who in turn allowed the appeal and remanded the matter to the disciplinary authority for re-examination and with directions which can be discerned as follows: