DEVISINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner challenges order dtd. 25/6/2019 imposing the penalty of dismissal from service on him with effect from 21/10/2002. The petitioner also seeks payment of subsistence allowance from 21/10/2002 till the date of his retirement i.e. 30/8/2009.

(2.) While working as Manager (Development) in Marathwada Development Corporation Ltd., Aurangabad, the petitioner was served with memorandum of charge-sheet dtd. 17/5/2002 containing two charges. In Article of charge no.1, it was alleged that the petitioner prepared forged 'No Dues Certificate ' (in short 'NOC ') in the name of M/s. Amit Industries, which was owned by his wife Mrs. Pushpa Devisingh Rajput, who submitted the same to Marathwada Development Corporation Ltd for sale of the land in favour of M/s. Premier Industries Ltd. As a matter of fact, an amount of Rs.2,25,694.00 was due from M/s. Amit Industries in the year 1998-99 when such forged NOC was issued. It was therefore alleged that the petitioner caused loss of Rs.2,25,694.00 to the Corporation. In the second charge, it was alleged that he was handed over additional charge of Ellora Milk Products from 1/8/1998 and company 's employee Mr. S.V. Manjurkar was to retire under voluntary retirement scheme with effect from 15/1/2002. Despite being intimated in advance, the petitioner failed to remain present in the office of the company on 15/1/2002 thereby delaying the voluntary retirement of Mr. Manjurkar as well as delay in payment of his retirement benefits.

(3.) In the departmental enquiry conducted against the petitioner, both the charges were held to be proved in the Enquiry Officer Report dtd. 23/8/2002. On receipt of report of Enquiry Officer, he submitted reply on 14/10/2002. After considering the reply, the penalty of dismissal from service was imposed on the petitioner with effect from 21/10/2002.