STATE OF MAHARASHTRA Vs. RAHUL GAJANAN DADHAV

JUDGEMENT

(1.) I have already heard learned Advocate Shri Sudeep Pasbola assisted by Mr. Ayush Pasbola and learned APP.

(2.) The Respondent was working as Assistant Engineer, Maintenance, 'E' Ward from 1/7/2005. On 25/10/2012, he is transferred as Assistant Engineer, B.M.C. (Market Department). He was discharged by the Court of Additional Sessions Judge as per order dtd. 23/12/2014 for the offences punishable under Sec. 304, 336, 337, 338, 268, 114, 201, 109 r/w 34 of the Indian Penal Code (page 67). He was Accused No.3. He along with the other Municipal employees were charge-sheeted for dereliction of duty in taking proper maintenance of the building known as "Babu Genu Municipal Market" situated at Mazgaon.

(3.) The building collapsed on 27/9/2013. Total 61 occupants of the said building died and there are several injured as many as 31. The reason for collapse of building was unauthorized constructions carried out by the occupant - Ashok Kumar Mehta making structural changes. Initially, Dr. Prithviraj Chavan who was Deputy Superintendent of Zone-I filed FIR against said Ashokkumar Mehta and others with Shivdi Police Station. During the investigation, it was disclosed that the present Applicant has also failed to perform his duties.