PANDURANG Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The challenge raised in this writ petition is to that part of the order passed by the Maharashtra Administrative Tribunal, Nagpur holding the petitioner not entitled to pay and allowances for the period for which he was out of service.

(3.) The facts relevant for considering the aforesaid challenge are that the petitioner came to be appointed as an Agriculture Assistant with the Ministry of Agriculture, Government of Maharashtra. During the course of service, he was issued a show cause notice on 3/6/2004 alleging misappropriation while discharging the duties. He was placed under suspension on 22/11/2004. The charge-sheet dtd. 13/4/2005 was served on him under Rule 8 of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1981 (for short, 'the Rules of 1981'). At the conclusion of the enquiry he was held guilty of the charges framed. On 7/12/2006, punishment of dismissal from service alongwith recovery of an amount of Rs.2,28,240.00 came to be passed. The departmental appeal preferred by the petitioner was dismissed. The order of dismissal was subjected to challenge by the petitioner by preferring Original Application No. 639 of 2009. By its judgment dtd. 28/4/2016 the Tribunal held that in the departmental enquiry the charges of misappropriation were not proved. On that count the order of punishment was set aside. The respondents were directed to reinstate the petitioner from the date of his termination and also refund of recovery made from him. He was held entitled to continuity in service so as to receive the pensionary benefits. The petitioner was however deprived of the pay and allowances for the period he was out of service.