UDHAV MARUTIRAO KADAM Vs. MAHARASHTRA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This petition, filed under Art. 226 of the Constitution of India emerges out of facts which are narrated, in nutshell, as below : The petitioner was initially appointed as a clerk on 2nd Jan., 1964 in Beed District Central Co-operative Bank Limited, Beed. He was thereafter, transferred on promotion as agent in the year, 1966. While working in the bank, there was a complaint lodged against the petitioner for misappropriation of amount to the tune of Rs. 10,700.00. Criminal Case No. 548 of 1967 was lodged against the petitioner and one D.S. Gondkar who was working as cashier at the relevant time. Both the accused persons were held guilty and convicted for offence under sections 409 and 120-B of I.P.C. and sentenced to suffer R.I. for a period of two years and to pay a fine of Rs. 2000.00. The appeal preferred by the petitioner against the judgment and order of conviction was dismissed by the Sessions Judge, Beed in the month of April, 1968. The criminal revision application filed by the petitioner in the High Court at Bombay was dismissed in the month of Aug., 1968 at the admission stage itself. The petitioner had to undergo sentence was pardoned. After he was released from the prison, the petitioner completed his graduation in B.A. in the year 1972. In Feb., 1971 the petitioner applied for the post of Lower Division Clerk in the Maharashtra State Electricity Board. He was interviewed on 19-12-1971 and was selected on 20th April, 1972. The petitioner worked as Upper Division Clerk from 10-6-1978 to 8-7-1980. He was further promoted as Head Clerk on 9-7-1980. He was promoted as Establishment Superintendent w.e.f. 26-12-1989. The petitioner was conferred grade of Assistant Personal Officer some time in the year, 1987.

(2.) One Mr. M.N. Ghodke, Head Clerk at Beed Division of M.S.E.B. who was President of Union of Employees, made complaint in the month of Feb., 1988, addressed to the Chief Minister, complaining that the petitioner was previously convicted for a serious offence and still he was appointed and retained in service of the M.S.E.B. A copy of the said letter was endorsed to the Head Office of the M.S.E.B.

(3.) The M.S.E.B. issued summary charge-sheet dated 27-4-1989 to the petitioner wherein two charges were levelled against the petitioner. The charges were levelled under Regulation 10(a) of the Maharashtra State Electricity Board Employees Service Regulations (hereinafter referred to as the Service Regulations), which are as under :