MAHARASHTRA STATE OTHER BACKWARD CLASS FINANCE AND DEVELOPMENT CORPORATION LTD Vs. GOPAL LAXMANRAO YEDAKE

JUDGEMENT

(1.) THE appellant Corporation has challenged the order of the learned Single Judge dated October 18, 2010 passed in Writ Petition No.7975 of 2010. THE learned Single Judge rejected the writ petition filed by the appellant by observing that respondent shall not claim any retiral benefits till the complaint is disposed of and the appellant was directed not to recover any amount from the respondent till the complaint is disposed of.

(2.) THE respondent herein was appointed as District Manager in the appellant- Corporation. THE respondent was subjected to departmental proceedings and charge-sheet was issued to him on 26-08-2008 in connection with 17 charges which are in connection with financial irregularities alleged to have been committed by the respondent. Charge No. 1 is in connection with disbursing the amount to the tune of Rs.27.63,000/- to 41 beneficiaries in Solapur District in cash illegally and without following the procedure and contrary to the practice. It is also alleged that respondent has not even taken receipts from some of the beneficiaries at the time of making payment in cash and the entire loan disbursement is a suspicious.

(3.) IN the aforesaid pending complaint, respondent herein preferred an application at Exh.U2 under Section 30(2) of the said Act, for interim relief. At that time, respondent had not taken any point regarding non-applicability of the Maharashtra Civil Services (Discipline & Appeal) Rules, 1979. But before the Labour Court, during the course of hearing, the said point was argued by the respondent and after the order of the Labour Court, the complaint was also amended. The learned Judge of the Labour Court found that the applicant/respondent has failed to make out any prima facie case for interim relief and also found that the balance of convenience is also not in favour of the present respondent. The Labour Court accordingly rejected the prayer for interim relief by an order dated 13- 04-2010.