DAMODAR SHANTARAM NADKARNI Vs. S E SUKHTANKAR

JUDGEMENT

(1.) Damodar Shantaram, Nadkarni, the petitioner, has filed this appeal against the judgment and order of Vimadalal, J., dated July 3, 1969, whereby he dismissed the petition that was filed by the petitioner. At the material time the petitioner was employed as a tutor in Chemical Pathology in the Department of Pathology and Bacteriology of the Topiwala National Medical College and he worked in that capacity until he was dismissed from service in October, 1964. In the month of July, 1963 certain irregularities were suspected in the affairs of the Stores Department of the Pathology Department and investigation was started and, in the course of the investigation, certain statements were recorded including that of the petitioner. After completion of the preliminary enquiry on December 28, 1963, G. W. Shiveshwarkar, Officer on Special Duty, was appointed as Enquiry Officer to hold a departmental enquiry. On January 4, 1964, the petitioner was suspended. On or after February 4, 1964, a charge-sheet was served by the Enquiry Officer upon the petitioner. Under this charge sheet four charges were levelled against him. The first charge related to certain requisition slips which ultimately enable one Kotwal the then laboratory technician and one Datar, stores clerk, to manipulate the stores account of the Pathological Department. The second charge related to indents being made in excess of the normal requirements of the items referred to in the statement of allegations. The third charge related to favour being shown to the contractors Messrs. Vasant Brothers in getting an order for supply of heating mantle for the Pathological Department and the fourth charge was as under :

(2.) It appears that on or about July 27, 1965, after the petition was filed, the petitioner was furnished with a copy of the order of dismissal as well as of the order passed rejecting the appeal. It was thereafter that he amended the petition by incorporating therein paras 13A to 13D.

(3.) There are two respondents in this petition, namely, the then Municipal Commissioner for Greater Bombay and the Municipal Corporation of Greater Bombay. On behalf of the respondents, two affidavits in reply were filed by S. N. Ghosalpar, an Assistant Administrative Officer (Enquiries) in the Municipal Corporation and they were affirmed on October 25, 1966 and June 25, 1968. On July 8, 1968, an affidavit in confirmation was filed by the Enquiry Officer G. W. Shiveshwarkar. By this affidavit he substantially reiterated and confirmed the statements, submissions and contentions made by Ghosalkar in his affidavit dated October 25, 1966 in so far as they concerned him, his conduct of the said enquiry or what transpired during the same.