LAWS(BOM)-2021-11-302

RAHUL Vs. STATE OF MAHARASHTRA

Decided On November 30, 2021
RAHUL Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with consent of learned advocates for the parties.

(2.) This petition challenges order dtd. 30/6/2018 passed by respondent No. 3 in Appeal No. 91 of 2018, thereby imposing punishment of stoppage of one increment with permanent effect and treating the suspension period as suspension period.

(3.) The petitioner was working on the post of Head Master of C. P. S. Kanya School, Shirur, Taluka - Shirur (Ka), District - Beed, run by Zilla Parishad, Beed. On 21/11/2012, an offence punishable under Sec. 7, 13 (i) (d) read with 13 (2) of the Prevention of Corruption Act, 1988 (for short "the said Act" ) was registered against the petitioner. The petitioner was arrested on the same day and was remanded to police custody. The petitioner was thereafter released on bail on 23/11/2012. Respondent No.3, vide order dtd. 5/12/2012, put the petitioner under suspension with effect from 21/11/2012. A notice of inquiry was issued to the petitioner on 7/2/2014 along with charges. According to the petitioner, the charges levelled against the petitioner in the departmental inquiry were identical to the charges in the criminal case, so also papers of investigation were relied upon by the disciplinary authority in support of the charges levelled against the petitioner.