ATMARAM Vs. ADDITIONAL COMMISSIONER, AMRAVATI DIVISION

JUDGEMENT

(1.) By the present petition, the petitioner challenges the order dated 5.10.2001 issued by respondent No.2, whereby punishment of withholding of three increments temporarily was imposed on the petitioner and recovery of R.35,000/- was ordered from him in 35 equal installments of Rs.1,000/- each. The petitioner also challenges the appellate order made by first respondent on 5.10.2002, by which his appeal under Rule 13 of the Maharashtra Zilla Parishads (Disciplinary and Appeal) Rules, 1964 (the Rules) was dismissed.

(2.) The petitioner as averred in the petition that, while the petitioner was working as Agriculture Development Officer (A.D.O.), he was served with the show-cause-notice on 1.1.2001 by Chief Executive Officer, Zilla Parishad, Buldana, intimating him that the Development Officer (Agriculture) had made preliminary inquiry into the complaints received against him which were in respect of grant of financial assistance to one Shri Namdeo Kamble of village Birsingpur who was granted some assistance in Special Component Plan in 1999-2000 for construction of well in survey No.182 Mauja Birsingpur were allowed to be misused by him.

(3.) The petitioner claims that he had furnished detailed explanation to the show-cause-notice and that erroneously he was placed under suspension. That the Inquiry Officer was appointed, who according to him was of the same rank as the petitioner was. That the inquiry was conducted and report of the inquiry was submitted by the Inquiry Officer to the Zilla Parishad. On 2.7.2001 final show-cause notice was issued to the petitioner by respondent No.2 and he was offered personal hearing on 24.9.2001. The petitioner appeared before respondent No.2 and submitted his written brief. The respondent No.2, thereafter, passed the impugned order dated 5.10.2001 imposing punishment of stoppage of three increments temporarily and recovery of Rs.35,300/- in 35 equal installments from him. SUBMISSIONS :-