CHAMPALAL S/O CHUNNILAL PALIWAL Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) By this petition filed under Article 226 of the Constitution of India, the petitioner is challenging the order dated 30.12.1991 passed by the Chief Executive Officer, Zilla Parishad, Nagpur holding that the petitioner Champalal could not have been retained in service, in public interest. Though this order mentions provision of Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 (hereinafter referred to as "the 1979 Rules" for short) or Rule 13(1) thereof, it is not in dispute that same reference needs to be construed as reference to Maharashtra Zilla Parishad District Services (Discipline and Appeal) Rules, 1964 (hereinafter referred to as "the 1964 Rules" for short). Petitioner, thereafter had preferred an appeal under Rule 13 of 1964 Rules before the Additional Commissioner, Nagpur Division, Nagpur and that Authority has maintained said order.

(2.) During the pendency of this challenge, the petitioner expired on 03.01.2008 and his legal heirs are prosecuting this challenge further.

(3.) The deceased Champalal was a driver in the employment of respondent no. 2 Zilla Parishad. He was due to retire in March, 1994, but, he has been removed from service on 30.12.1991 because of an accident which took place on 12.04.1991. It is not in dispute that at the time of accident he was driving a private Tractor and was using it for some personal work. He was not performing the duty under respondent no. 2. In the said accident, a person was killed and Crime No. 37/1991 under Section 304 A of the Indian Penal Code was registered against Champalal. Before the Court of Judicial Magistrate, First Class, Ramtek, Champalal accepted his guilt and was convicted u/s 304 A with imprisonment till rising of the Court with fine of Rs. 1000/ and in default, to undergo 30 days simple imprisonment. Impugned order dated 30.12.1991 passed by the Chief Executive Officer notes this punishment, and mentions that because of conduct which led to his conviction, Champalal was removed from service. The Appellate Authority has maintained this application of mind & action.