SHRIRANG NAMDEO MAHMUNKAR Vs. DIRECTOR OF TRANSPORT

JUDGEMENT

(1.) THIS is an appeal filed by the original plaintiff whose suit has been dismissed by the learned Judge of the City Civil Court, Bombay. The plaintiff-appellant was working as a Scale Operator in the office of the Regional Transport Office, Thane Region, Thane, from 1944 till 8th October 1965. On 30th March 1964 one Ashtickar Police Inspector attached to Anti-Corruption Branch, Nashik, upon receiving information from two lorry drivers that Motor Vehicles Inspectors and Assistant Inspectors stationed at Kasheli Weigh Bridge in Thane District receive bribe ranging from Rs. 25/- to Rs. 50/- to allow over-loaded lorries to pass the said Kasheli Weigh Bridge, arranged a trap. On 7.4.1964 one Shanbhag, Assistant Inspector of Motor Vehicles was on duty at Kasheli Weigh Bridge. The plaintiff was also on duty as a Scale Operator alongwith the said Shanbhag. On that day, the raiding party led by Ashtikar reached the said Kasheli Weigh Bridge. A sum of Rs. 50/- was recovered from below the rexin cloth of the table alongwith other currency notes of Rs. 165/ -. Another amount of Rs. 95/. kept under the rexin cloth was also recovered. The hands of Shanbhag and the plaintiff were seen under ultra-violet rays and were found to shine like anthracene powder. The register and the ballpen were also alleged to have been stained with anthracene powder. A panchanama was made, statements were recorded and a report was submitted to the Director of Anti-Corruption Bureau who ordered that a departmental enquiry be held against the said Shanbhag as also the plaintiff.

(2.) ACCORDINGLY, Mr. Dubhashi, Deputy Director of Transport, held the enquiry against the said Shanbhag as also against the plaintiff. The charge against Shanbhag was that he accepted Rs. 50/- by way of illegal gratification from one Sohan Singh who was the driver of the truck bearing no. MPF 6258. The charge against the plaintiff was that he aided and abetted Shanbhag in accepting the illegal gratification. After examining the truck drivers and the raiding party and the panchas, the report was submitted holding both Shanbhag and the plaintiff guilty of the charges levelled against them. The Inquiry Officer recommended that looking to the fact that the plaintiff was a subordinate and ordinary Scale Operator to the Assistant Inspector, he should be treated leniently so far as the punishment is concerned. However, the competent authority by is order dated 8.10. 1965 removed the plaintiff from Government service. Being aggrieved by the said decision, the plaintiff filed an appeal to the Secretary, Home Department, Government of Maharashtra, and the same was also dismissed by the Government by order dated 4th November 1967. Thereafter, the plaintiff filed Special Civil Application No.2451 of 1968 in the High Court. However, the said writ petition was withdrawn by the plaintiff on 27.11.1968 and, thereafter, the plaintiff has filed the present suit on 1.9.1969 in the City Civil Court at Bombay. The plaintiff prayed that the order passed by the competent authority dated 8.10. 1965 removing the plaintiff from Government service as also the order passed by the State Government in the plaintiff's appeal on 4.11. 1967 confirming the said removal be declared null and void. By amendment, the plaintiff also claimed certain monetary reliefs by way of salary and other accumulated benefits.

(3.) THE learned Judge held that the suit is barred by limitation. He further held that there is no breach of the principles of natural justice in the inquiry. He did not find that the findings of the competent authority was perverse. Accordingly, the learned Judge by his judgment and decree dated 18.10.1978 dismissed the suit. Being aggrieved by the said judgment and decree, the plaintiff has preferred the present appeal.