AMRUT PUSAJI ILME Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two petitions can be disposed of by a common judgment, since the question involved in the petitions is the same.

(2.) The petitioner in Writ Petition No.3070 of 1998, Dr. Ilme, and the respondent in Writ Petition No.3776 of 2001, Dr. Smt. Bhagwat, were serving as Medical Officers, Class-III, at Nagpur. There was a scandal of bogus medical reimbursement bills and a crime had been registered at Police Station Ambazari, bearing No.199 of 1976. Dr. Ilme was suspended in 1976 and Dr. Smt. Bhagwat was suspended in 1974 pending investigation of the crime. On writ petitions filed by the doctors, the criminal proceedings were quashed. In view of this, by an order dated 2-2-1991, the Government of Maharashtra in Public Health Department decided to drop the charges against the two doctors and some others and ordered the entire period of suspension to be treated as duty period.

(3.) Dr. Ilme, petitioner in Writ Petition No.3070 of 1998, was accordingly reinstated on 8-2-1991. Dr. Ilme attained the superannuation subsequently. Dr. Smt. Bhagwat, respondent in Writ Petition No.3776 of 2001 had, however, attained superannuation on 31-10-1987. It is substantially not in dispute that some juniors of Dr. Smt. Bhagwat and Dr. Ilme had been promoted during the period of their suspension.