STATE OF MAHARASHTRA Vs. PRADEEP DIGAMBAR SHANKARWAR

JUDGEMENT

(1.) BEING aggrieved by the decision of the maharashtra Administrative Tribunal, allowing Original Application No. 249 of 1995, reinstating the Respondent Government employee in service, the State of Maharashtra through the Secretary in the Department of social Forestry, has filed this petition. By the following order dated 13th august, 2002 the Petition was summarily rejected by a Division Bench of this Court (Mhase and Zoting, JJ.) : "heard Mr. N. B. Khandare, learned A. G. P. for the Petitioners and Mr. Dhage, learned counsel for the Respondent. No interference is called for. Writ Petition is hereby rejected. "

(2.) THE State of Maharashtra filed Civil Appeal No. 2776 of 2003 against the order of summary rejection of the Petition and by order dated 4th of april, 2003 the appeal came to be allowed. It would be useful to quote the relevant portion of the order passed by the Apex Court :

(3.) BY order dated 2nd June, 2003 the Petition came to be admitted and was made returnable within three weeks. It was heard on 23rd and 30th July, 2003 as well as on 7th August, 2003 and it remained part-heard on account of the failure on the part of the learned A. G. P. to produce the original record before us and more particularly the record pertaining to the inquiry proceedings conducted by Shri S. G. Gawali,. District Inquiry officer as well as the preliminary inquiry conducted by Shri m. K. Tupsakhare, Assistant Director, Social Forestry Division, Nanded. The said record has been produced before us today and we have heard the learned A. G. P. as well as Shri Dhage, the learned counsel for the respondent - Government employee.