VINAYAK NARAYAN NAVKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) This petition questions the legality of the order passed by the Disciplinary Authority and the Principal District Judge, Chandrapur, dismissing the petitioner from service, and the order passed by the Appellate Authority in Administrative Appeal, upholding the order of dismissal of the petitioner.

(3.) The petitioner was appointed as Junior Clerk on 04.06.2005 and was posted on the establishment of the Court of 3rd Joint Civil Judge (Junior Division) and Judicial Magistrate First Class, Chandrapur and till 2008, that is when the incident took place, the petitioner was not served with any show cause notice nor any adverse remarks were communicated to the petitioner. It is the case of the petitioner that on the basis of a complaint made by one Babita w/o Nandkishor Duryodhan alleging that the petitioner had demanded Rs.12,00/from her for disposing the case under the Bombay Prohibition Act, a preliminary enquiry was conducted and on the basis of the report of the preliminary enquiry, chargesheet was issued by the learned Principal District Judge on 05.06.2009. The petitioner had given his explanation. The enquiry was conducted and in the enquiry, Babita w/o Nandkishor Duryodhan was examined and the petitioner had crossexamined her and on the basis of the evidence of Babita w/o Nandkishor Duryodhan, the impugned order was passed by the learned Principal District Judge dismissing the petitioner from service.