ASIF BADREMUNIR TAHASILDAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the above Writ Petition No.643 of 2017 the Petitioner is challenging the order dated 15-7-2016, (Exhibit N) by which order the Learned Registrar General of this Court has informed the Petitioner that the Disciplinary Authority in exercise of the powers conferred by Sub-rule 5(c) of Rule 8 of the Maharashtra Civil Services (Disciplinary and Appeal) Rules 1979, has decided to hold a Departmental Enquiry against the Petitioner. By the orders passed on the same date, the Enquiry Officer was also appointed to enquire into the charges. In so far as the Writ Petition No.692 of 2017 is concerned, the said Writ Petition also challenges the order dated 15-7-2016, (Exhibit D) which order is to the same effect as the order impugned in the above Writ Petition No.643 of 2017. By a separate order passed on the said date an Enquiry Officer has also been appointed to looked into the charges which are the subject matter of the second Departmental Enquiry.

(2.) Since the Petitions involve a common question as to whether the Departmental Enquiry could be commenced against the Petitioner in the absence of a written complaint supported by an affidavit, both the Petitions are heard together and are being disposed of together.

(3.) The facts giving rise to the above Petitions can in brief be stated thus: WRIT PETITION NO.643 OF 2017 The Petitioner was appointed as a Civil Judge Junior Division. The Petitioner at the relevant time in the context of the Departmental Enquiry was working as a Civil Judge Junior Division in Bhokardan District Jalna. A complaint was received from one Mr. Teple against the Petitioner concerning his tenure as Civil Judge Junior Division, Bhokardan District Jalna. By the said complaint disciplinary action was sought against the Petitioner. The then Learned Principal District Judge, Jalna forwarded the said complaint to the Registrar General of this Court. The complaint was placed before the Disciplinary Committee. The Disciplinary Committee comprising of the Hon'ble Judges of this Court directed the Learned Principal District Judge Jalna to conduct a fact finding enquiry. The report of the fact finding enquiry was thereafter placed before the Disciplinary Committee who decided to initiate a Disciplinary Enquiry against the Petitioner. The Petitioner was accordingly issued a show cause notice along with the memo of charges and statement of imputations. The Petitioner submitted his reply to the said show cause notice. The matter was placed before the Disciplinary Committee who considered the entire material including the reply submitted by the Petitioner, as the said reply was found not satisfactory, the Disciplinary Committee decided to hold a regular Departmental Enquiry against the Petitioner. It is by the impugned communication dated 15-7-2016 that the Petitioner was communicated the said decision which as indicated above is the subject matter of the above Writ Petition. WRIT PETITION NO.692 OF 2017