LAWS(BOM)-2018-3-160

SAMADHAN TUKARAM THAKARE Vs. STATE OF MAH.

Decided On March 20, 2018
Samadhan Tukaram Thakare Appellant
V/S
State Of Mah. Respondents

JUDGEMENT

(1.) The petitioner - Samadhan S/o Tukaram Thakare was working as Godown Keeper in the service of Zilla Parishad, Buldhana. On 26.09.1988, he was placed under suspension. On 11.10.1988, charge-sheet was issued to him containing 11 charges. The inquiry was conducted. The report was submitted on 19.12.1989 holding that all the 11 charges are proved against the petitioner. On the basis of this report, the order of dismissal was passed on 07.04.1994. The petitioner preferred an appeal before the Divisional Commissioner which was dismissed on 29.03.1996. Hence, this writ petition.

(2.) Though the petitioner challenges the order dated 29.03.1996 dismissing his appeal, there is no challenge to the order of dismissal dated 07.04.1994 from service. The petitioner claimed reinstatement in service with continuity in service and backwages. On the oral prayer made by the learned counsel for the petitioner, the amendment is permitted to be carried out in the prayer clause seeking prayer for setting aside the order of dismissal dated 07.04.1994. The amendment be carried out forthwith.

(3.) With the assistance of learned counsel for the parties, I have gone through the charges and the statement of the allegations leveled against the petitioner are reproduced below:-