SANTRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner approaches this Court under Article 226 of the Constitution of India challenging the order dtd. 17/8/2021 passed by respondent no. 2 / Additional Secretary, Public Health Department, Mahaharashtra as well as the order dtd. 4/5/2022 passed by the Maharashtra Administrative Tribunal in Original Application No. 580 of 2021.

(2.) The petitioner was appointed as a Medical Officer in Public Health Department of Maharashtra on 7/6/1982. He was promoted to the post of Medical Superintendent in the month of July-2008 and he was discharging his duties as such at Beed.

(3.) The petitioner was arrested pursuant to registration of Crime No. 66 of 2012 with the Police Station, Beed (City) for offences punishable under Ss. 302, 312, 313, 315, 316, 318, 201, 304 r/w 34 of the Indian Penal Code [in short 'IPC'] as well as for the offences punishable under Ss. 5, 6, 22 and 23 of Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 [for the sake of brevity "PCPNDT Act'] and the offences punishable under Ss. 3, 4 r/w Sec. 5 of Medical Termination of Pregnancy Act, 1971 [hereinafter referred to as 'MTP Act']. On 27/8/2012, the petitioner was put under suspension and on 31/8/2012, he stood retired from service on attaining the age of superannuation. On 1/10/2015, the petitioner was subjected to departmental enquiry for misconduct in terms of Rule 3 and 16 of the Maharashtra Civil Services (Conduct) Rules, 1979 r/w Rule 27(2)(b)(i) of the Maharashtra Civil Services (Pension) Rules, 1982. The gist of the charges levelled against him can be summarized as under: -