UDAY RAMCHANDRA POTDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) - 1. By this petition the petitioner has challenged the order passed by the Maharashtra Administrative Tribunal on 23.7.2002. By this order the Tribunal rejected the Original Application filed by the petitioner challenging the order dated 15.2.2001 passed by respondent -State holding that the petitioner 's period of suspension between 10.9.1993 to 11.3.1999 is liable to be treated as such period of suspension.

(2.) FEW facts necessary for adjudication of i his petition stated briefly are that the petitioner was working as police constable in the police department at Sangli. It was alleged that on 27.8.1993 the petitioner demanded bribe and thereby committed an offence under the Prevention of Corruption Act, 1988. He was therefore suspended from service for being arrested and being in custody for more than 72 hours. The suspension was ordered and effected on 10.9.1993.

(3.) THEN on 31.10.2000 a notice was given to the petitioner under Rule 72 of the Maharashtra Civil Service (Joining time, Foreign Services and Payment During Suspension, Dismissal and Removal) Rules, 1981 asking him to show cause why the period of suspension spent by the petitioner be not treated as period of suspension. The petitioner replied on 13.12.2000 and by an order dated 15.2.2001 the respondent -authority held that the period of suspension suffered by the petitioner is liable to be treated as such period on suspension. This order was challenged before the Maharashtra Administrative Tribunal by Original Application and the Tribunal by its order impugned in this petition passed on 23.7.2002 rejected the application of the petitioner.