GAJANAN BABU PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the orders passed by the Maharashtra Administrative Tribunal and the Disciplinary Authority i. e. Pay and Accounts Officer as also the Appellate Authority.

(2.) FEW facts necessary for adjudication of this petition stated briefly are that the petitioner was employed as a clerk in the Pay and Accounts Office, Government of Maharashtra, Bombay. When the petitioner was functioning as a clerk in the Pay and Accounts Office at Bombay, it was alleged that in the year 1976 some bills were forged by the petitioner and prepared the cheques thereon. It was considered to be a fraud practice by the petitioner and therefore complaint was lodged with the police. The police after investigation filed a criminal case in the Court of the Metropolitan Magistrate, wherein the learned Judge observed that there is no evidence against the accused Nos. 1 and 2, i. e. petitioner and another employee, and he therefore discharged the accused persons. After the petitioner was accordingly discharged he was reinstated in service from suspension and nothing has done in the matter for a period of three years. Thereafter in the year 1981 charge-sheet was issued to the petitioner wherein two of the charges were same as in the criminal case and third was pertaining to the misuse of the Government quarters by allowing someone else to stay there. Enquiry was duly conducted thereafter and ultimately on 21st April, 1986 order of punishment was passed. The order passed by the Disciplinary and Enquiring Authority reads as under: i the undersigned do hereby dismiss, Shri. G. B. Patil Power Division Clerk, from Government Service with effect from 21-4-1986 (A. M.)". Sd/-Pay and Accounts Officer.

(3.) AN appeal was preferred by the petitioner against this order to the director and the director dismissed the appeal by a single line, saying that the action taken by the Disciplinary Authority is correct and needs no interference.