VIJAY BAPURAO SANATAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.497 of 2022 registered with Yerwada police station for the offences punishable under Ss. 420, 465, 468, 471 and 120(B) of the Indian Penal Code (for short " IPC ").

(2.) According to the prosecution, NCC office units are controlled by the Deputy Director of Sports and Youth Services, Pune Division, Pune. Complaints were received as regards recruitment conducted in the years 2015 and 2016. According to the prosecution, the Deputy Director of Sports and Youth Services Pune Division published an advertisement for recruitment on 29/12/2016 and 30/12/2016 for sixteen posts. The submission of the application was online. As per the Government Resolution, sanction of the State Government is necessary before creating new posts. Before publishing the advertisement on 23/6/2015, the roaster was not approved by the reservation cell. On 24/6/2016, despite the availability of backwards-class candidates, a person from another category was appointed. Similar illegality was committed in the advertisement published on 8/5/2016.

(3.) The applicant is concerned with advertisements published on 29/12/2016 and 30/12/2016. The applicant, on the date of advertisement, was working as the Deputy Director of Sports and Youth Services Pune Division. The co-accused, Amit Khomane, was working as Junior Clerk. As per the Government Resolution dtd. 2/6/2015, prior permission of the State Government before the recruitment process is mandatory. Without obtaining such prior permission, an advertisement dtd. 29/12/2016 for eight posts and an advertisement dtd. 30/12/2016 for eight posts were published. However, thirty posts were filled up without following the appointment process through an agency; one Swapnil Raju Pawar was appointed under the applicant's signature.