DNYANESHWAR KASHINATH SHINGANE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. It is made returnable forthwith. Mr. K.N. Lokhande, learned AGP waives service for the respondent - State and Mr. A.S. Usmanpurkar, learned advocate waives service for respondent Nos.3 to 5. At the joint request of the parties, the matter is heard finally at the admission stage.

(2.) By this petition, Petitioner assails order dtd. 31/5/2019 passed by the Chief Executive Officer, Zilla Parishad, Jalna as well as the order dtd. 20/7/2021 passed by the Additional Divisional Commissioner, Aurangabad by which the period of his suspension from 20/3/2013 to 30/4/2017 has been treated as suspension thereby denying him pay and allowances as well as pay fixation for that period. The period is however directed to be treated towards qualifying service for pension.

(3.) While working as Assistant Teacher in Zilla Parishad School, Petitioner came to be arrested on 20/3/2013 in pursuance of FIR lodged against him for offences under Ss. 498-A, 307, 494 r/w. 34 of the Indian Penal Code. On account of his custody for a period exceeding 48 hours, he came to be placed under suspension by order dtd. 4/7/2013 from the date of his arrest. During pendency of criminal prosecution, a preliminary enquiry was conducted to examine whether initiation of disciplinary proceeding was warranted. The Enquiry Officer appointed by Zilla Parishad gave a report on 5/4/2016 recommending that initiation of disciplinary proceedings was not warranted.