LAWS(BOM)-2011-3-67

BHAGWAN Vs. STATE OF MAHARASHTRA

Decided On March 30, 2011
BHAGWAN S/O NAMDEO SAWANT Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned Counsels for the parties, the present Writ Petition is taken up for final hearing at the stage of admission.

(2.) This Writ Petition is filed against the successive judgment and order dated 17th November, 2008, passed by the Disciplinary Authority/Appointing Authority and the Appellate Authority, under the provisions of Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1965(for short the Rules ).

(3.) The Petitioner was working as peon in one of the Primary Health Centre of Zilla Parishad Beed. The Petitioner remained absent, without permission from his duty, since 30th October, 2001. The In-charge of Primary Health Centre sent letters to the Petitioner and directed him to resume duty, but in vain. On 09th January, 2001, he suo-moto appeared before In-charge of the Primary Health Centre, but he was directed to report at the headquarters of Zilla Parishad. Accordingly, on 31st January, 2002, the Chief Executive Officer of the Zilla Parishad allowed the Petitioner to resume duty, but soon thereafter, on 17th July, 2002 he was placed under suspension and was again allowed to resume duty in December, 2002.