VATSALA PREMCHAND DARMAL Vs. RAGHUNATH DAMODAR KRACHALE

JUDGEMENT

(1.) THE first respondent joined the services of the hazarimal Somani College of Commerce and Economics as a Senior Clerk in the accounts Department in the month of April, 1971. In 1976, he was discharging the duties of an Accountant. On 2nd October; 1981, a charge-sheet was issued to the first respondent. The articles of charge were thus :

(2.) THE first respondent filed a reply to the charge-sheet on 31st October, 1981 and denied the charges.

(3.) IN contemplation of disciplinary proceedings, the first respondent was suspended from service on 27th February, 1981. The enquiry commenced on 26th October, 1982. The first respondent participated in the enquiry initially. After 11 sittings of the enquiry were completed the first respondent remained absent. On 6th May, 1983, the Enquiry Officer submitted his report holding the first respondent guilty of all the charges. On 28th October, 1983, a notice to show cause was issued to the first respondent upon the report of the Enquiry Officer. No reply was filed by the first respondent. Cn the meantime, the first respondent had filed a Writ Petition before this Court seeking the payment of his subsistence allowance. On 28th November, 1983, Hon'ble Mrs. Justice Sujata Manohar (as the learned Judge then was while disposing of the petition, recorded the statement of the petitioner herein that the first respondent shall be paid subsistence allowance as per the rules from November, 1983, on his submitting every month a certificate as required by Rule 69 (4) of the Maharashtra Civil services (Joining Time, Foreign Service. . . . Removal) Rules, 1981. In respect of the arrears, a dispute was pending before the Labour Court which was directed to be disposed of expeditiously.