STATE OF MAHARASHTRA Vs. SURENDRA G. GHODAKE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of parties, Petition is heard finally.

(2.) The State of Maharashtra has filed this petition setting up a challenge to the judgment and order dtd. 24/3/2017 passed by the Maharashtra Administrative Tribunal (Tribunal) in Original Application No.708 of 2016. The Tribunal has allowed the original application filed by respondent for payment of full salary and allowances during the period from 30/6/1999 to 26/3/2013, during which he was under dismissal owing to his conviction in the criminal case. The State Government had sanctioned 50% of pay and allowances for the period from 30/6/1999 to 26/3/2013 and to the extent of denial of balance 50% of pay and allowances, Original Application No.708 of 2016 was instituted by respondent, which has been allowed by the judgment and order impugned in the present petition.

(3.) Brief facts of the case are that respondent was working on the post of Constable at Nashik Road. His wife lodged complaint against him alleging offences under Ss. 498A and 323 of the Indian Penal Code leading to registration of Criminal Case No.321 of 1996 in the court of Judicial Magistrate First Class, Nashik Road. On account of his criminal prosecution, respondent was placed under suspension on 27/2/1997, which was revoked on 19/4/1999. Upon completion of trial, respondent was convicted vide judgment and order dtd. 3/6/1999 and was directed to undergo imprisonment for six months and fine of Rs.1000.00.