MADHURI PRAKASH KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition the petitioner has challenged the order dated March 27, 2001 passed by respondent No. 2 i. e. Maharashtra housing and Area Development Board, Pune. By this order the petitioner's services were terminated. Certain facts giving rise to the present petition will have to be noticed for proper adjudication of the questions raised before us by this petition.

(2.) ON July 26, 1982 the petitioner was appointed as judicial clerk in the office of the estate Manager, Pune of the respondent No. 2- Board. Since then she is working there under the respondent No. 2. In October, 1992 the petitioner was prosecuted under Sections 7, 13 (l) (d) read with Section 13 (2) of the prevention of Corruption Act, 1988 on the allegation that the petitioner demanded and attempted to obtain and accepted Rs. 100/- from one Shri A. D. Kadam as illegal gratification for issuance of refund of deposit cheque.

(3.) ON November 17, 1993 the petitioner's suspension was revoked and she was permitted to work as clerk. On September 19, 1998 the learned Sessions Judge, decided the Criminal case No. 6 of 1993 and convicted the petitioner to suffer rigorous imprisonment for one year and fine of Rs. 500. 00. This judgment of the sessions Judge is pending before this Court in criminal Appeal No. 744 of 1998. The appeal is admitted and the sentence of conviction of the petitioner is suspended. After the conviction of the petitioner for criminal offence the respondent No. 2 passed an order on october 9, 1998 terminating the services of the petitioner with effect from the date of her conviction by the Competent Court. Obviously this action was taken by the Board as the petitioner was convicted of offence involving moral conduct and consequently no further inquiry into her conduct was necessary.