STATE OF MAHARASHTRA Vs. PRABHA KRISHNAJI KAMBLE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(2.) By this petition under Article 227 of the Constitution of India, it challenges an order passed by the Maharashtra Administrative Tribunal, Mumbai (Tribunal) dtd. 16/2/2015, whereby the Original Application (for short "OA") of the Respondent has been allowed and the Petitioner-State has been directed to realise the services of the Respondent along with all retirement benefits on account of exoneration of all the charges framed against the Respondent. Narrative of the events:-

(3.) Being aggrieved by the aforesaid proceedings and various orders passed against the Respondent, an OA No.121 of 2012 as came to be filed by the Respondent with the Tribunal on various grounds stated therein. The Tribunal vide order dtd. 16/2/2015, allowed the OA filed by the Respondent and exonerated the Respondent from all the charges and further directed the Petitioner-State to grant all the service benefit to the Respondent from the date of her suspension till the date of her superannuation. The Tribunal gave various reasoning in support of its decision, namely, non-examination of any witnesses and opportunity of cross-examination being not allowed to the Respondent, delay in the proceedings, decision of the Magistrate in criminal proceedings, the nature of offence for which the charges were proved and the quantum involved, etc. It is on this backdrop that the present petition is filed by the Petitioner-State challenging the order of the Tribunal. Submission of the Petitioner:-