RAJENDRA Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) The petition is filed to challenge the judgment and order of Original Application No. 220/2013, which was pending before Maharashtra Administrative Tribunal, Mumbai (Bench at Aurangabad) (hereinafter referred to as 'MAT' for short). The proceeding was filed by present respondent No. 5 to challenge the appointment of petitioner made by Sub Divisional Officer, Ahmednagar on the post of Police-patil of village Dedgaon, Tahsil Newasa. MAT allowed the proceeding and quashed and set aside the appointment of petitioner. Both the sides are heard. The learned AGP supported the decision of MAT.

(2.) It is the case of respondent No. 5 that when the application was made for the post, present petitioner was having two wives and two children from each wife. He contended that if second wife was not legally wedded wife, her status can be considered as concubine and in that case, it needs to be presumed that the present petitioner was not having of good moral character and so, he was not fit to get appointment on the post of Police-patil, which is the post of public servant. Before MAT, present petitioner denied that the lady by name Smt. Seema is his legally wedded wife, but he admitted that he has two children born from Smt. Seema and he contended that he has affair with this lady. He contended that it was consensual relationship and it was not prohibited and so, this act cannot be called as immoral act.

(3.) Before MAT, the authority, SDO filed affidavit and contended that correct information was not supplied by concerned Talathi, Tahsildar and police and if such information was available, the authority would not have given appointment to the petitioner on such post. In the affidavit, it is contended by the authority that even if, it is presumed that it is extramarital relationship, it is immoral behaviour.