LAWS(BOM)-2006-2-123

MARUTI ANANDRAO DHEKANE Vs. STATE OF MAHARASHTRA

Decided On February 27, 2006
MARUTI ANANDRAO DHEKANE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The petitioner has approached to this Court invoking jurisdiction under Article 226 of the Constitution of India, seeking a writ of certiorari and thereby requesting this Court to quash and set aside the order passed by the respondent No. 2 on 10-3-1995 dismissing the petitioner from the service which was confirmed by the respondent No. 1 in appeal on 14-10-1997. The petitioner has also challenged the order passed by the Maharashtra administrative Tribunal, Mumbai (hereinafter, in short referred to as "the mat". ) on 7-5-1999 passed in Original Application No. 632 of 1997 wherein both the orders were challenged by the petitioner.

(2.) On 1-9-1966 the petitioner was appointed as a police constable. In due course of time, the petitioner was promoted to the post of Police Head Constable in the year 1975. In or about 1981 the petitioner passed departmental examination and was selected to undergo the training for the post of PSI. In the year 1982 he was appointed as a PSI by the Commissioner of police, Mumbai. On 12-10-1993 the petitioner was served with the charge-sheet containing six charges. The departmental enquiry was initiated against the petitioner.

(3.) Enquiry Officer submitted the report. It is to be noted that the petitioner has participated in the departmental enquiry and thereafter the finding report was prepared by the enquiry officer. The enquiry officer has recorded a finding that the petitioner is guilty of charge Nos. 2, 3, 4 and 6. Finding on charge No. 1 was not given because the said charge was already deleted, since in respect of the said charge the punishment was already inflicted upon the petitioner. Enquiry officer has recorded a finding that charge No. 5 is not proved as against the petitioner. Thereupon a show-cause notice was issued by the respondent No. 2. It was replied to by the petitioner on 29-1-1995 and 3-2-1995. Thereafter order dated 15-3-1995 came to be passed whereby the petitioner was dismissed from service. After completing the formality of the departmental appeal, the petitioner has approached to the MAT by filing Original Application No. 632 of 1997. The mat has dismissed his application by order dated 7-5-1999. Hence the present petition.