STATE OF MAHARASHTRA Vs. SUBHASHCHANDRA BAPUSAHEB PATANKAR

JUDGEMENT

(1.) Rule, by consent of Counsel returnable forthwith. Counsel appearing on behalf of the Respondent waives service. By consent of Counsel and at the request of Counsel taken up for hearing.

(2.) The Maharashtra Administrative Tribunal has, by its judgment dated 15th September 2005, which is impugned in these proceedings by the State of Maharashtra, directed the Government to revoke an order by which the Respondent was suspended. The State has been directed to reinstate the Respondent to the post of Deputy Education Officer (Secondary). The Tribunal while noting that the Respondent was arrested in a trap case by the Anti Corruption Bureau in January 2004, has ordered the revocation of suspension on the ground that no chargesheet has been filed in the criminal case though a period of seventeen months has elapsed. The Tribunal has relied upon the view which it has taken in earlier cases that where a trial is likely to take a long period of time and there is no likelihood of the delinquent tampering with witnesses, the authorities should revoke the order of suspension. After hearing the AGP for the Petitioner and Counsel appearing on behalf of the Respondent, we have arrived at the view that the order of the Tribunal is manifestly erroneous and that it has to be quashed and set aside. We now proceed to elucidate our reasons.

(3.) The Respondent was holding the post of a Deputy Education Officer (Secondary) at Kolhapur. He was incharge of work pertaining to litigation and an Assistant Teacher had filed an application before the School Tribunal at Kolhapur. The Assistant Teacher lodged a complaint with the Anti Corruption Bureau and a trap was laid on 2nd January 2004. In the course thereof, it is alleged that the Respondent came to be arrested while he was accepting a bribe of Rs.10,000/- and C.R. 3 of 2004 was registered by the Shahupuri Police Station at Kolhapur. By an order dated 6th January 2004, the Respondent came to be placed on suspension under the provisions of the Maharashtra Civil Service (Discipline and Appeal) Rules, 1979 by the Joint Secretary in the School Education Department of the State of Maharashtra.