DHANRAJ Vs. PUBLICWORKS DEPARTMENT

JUDGEMENT

(1.) Heard Shri V.P. Marpakwar, the learned advocate for the petitioner and Ms Rashi Deshpande, the learned advocate for the respondents 1 and 2.

(2.) The petition takes exception to the orders passed by the subordinate Courts rejecting the complaint filed by the petitioner under Section 28 read with Item 1 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 upholding the order passed by the respondent no.1 compulsorily retiring the petitioner from the service.

(3.) It is undisputed that the petitioner had been in the employment of the respondents from 27th December, 1972 till 4th June, 2003 when he is compulsorily retired from service. The petitioner had good and unblemished record to his credit till the complaint against the petitioner was filed on the basis of which the chargesheet dated 15th November, 2002 was issued. The charges levelled against the petitioner were that he misbehaved with the female employees working in the department and the behaviour of the petitioner with the female employees was improper. The enquiry was conducted against the petitioner pursuant to the chargesheet dated 15th November, 2002 and after completing the enquiry, the Enquiry Officer submitted the report dated 30th April, 2003 concluding that the charges 1 and 2 levelled against the petitioner were partly proved. On the basis of the report submitted by the Enquiry Officer, the Disciplinary Authority took further steps and by the order dated 4th June, 2003, exercising its powers under Rule 6(2) and Rule 9(4) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 directed compulsory retirement of the petitioner.