STATE OF MAHARASHTRA Vs. SURYAKANT TUKARAM SHINDE

JUDGEMENT

(1.) This writ petition, at the instance of the State of Maharashtra, through the Principal Secretary, Urban Development Department and the Director, Department of Town Planning and Valuation, registers challenge to a judgment and order dated January 18, 2017 passed by the Maharashtra Administrative Tribunal, Mumbai (hereafter "the Tribunal", for short). The Tribunal, while allowing Review Application No. 7 of2016 (hereafter "the said application", for short), recalled the judgment and order dated October 24, 2013 in Original Application No. 1235 of 2009 under review; and upon such review, the Tribunal quashed the order dated May 3, 2006 whereby the review applicant/original applicant (hereafter "Shinde", for short) was dismissed from service as well as the appellate order dated May 20, 2009 confirming the order of dismissal. It was declared that Shinde was eligible to be reinstated in service with all consequential benefits and the respondents in the original application (hereafter "the petitioners", for short) were directed to take Shinde back in service within three months from the date of the order.

(2.) Shinde, at the relevant time, was employed as the Town Planner of Ambernath Municipal Council. A charge-sheet dated August 19, 2002 was drawn up against him by the Director Town Planning, Maharashtra State, Pune. The English version of the two charges leveled against Shinde reads as follows:

(3.) Bare reading of the aforesaid charges would reveal that Shinde was charged with permitting excess FSI for construction on plots bearing City Survey Nos. 4909 to 4913 and 4848 (hereafter "the said plots", for short) in violation of the Development Control Rules, amounting to misconduct within the meaning of the Maharashtra Civil Services (Conduct) Rules, 1979. According to Shinde's disciplinary authority, FSI "1" was permissible but Shinde had permitted FSI in excess of that.