SATYAWAN VITTHAL KHANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of both parties, it is heard finally at the admission stage.

(2.) By the present petition, the petitioner takes exception to the order dtd. 5/3/2020 (wrongly mentioned as 25/2/2020), passed by Respondent No.3, thereby upholding the order dtd. 11/5/2012 passed by Respondent No.2, the Disciplinary Authority, whereby the petitioner was removed from service with immediate effect, without disqualification for further employment with the State Government.

(3.) After hearing both sides, a very short legal question that falls for our consideration is whether a petitioner, who has been held guilty by a Competent Court for the offence under Sec. 309 of IPC, but he was granted the benefit of probation under the Probation of Offenders Act instead of being sentenced, can be awarded the punishment of removal from service without disqualification from future government employment under Rule 13(i) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979.