(1.) Heard the learned counsel for the parties.
(2.) The challenge in this petition is to the judgment and order dated 17th June 2004 made by the Maharashtra Administrative Tribunal in Original Application No. 368 of 2003 instituted by the respondent questioning the order dated 27th February 2003, by which, his pension and gratuity were withheld permanently.
(3.) Mr. Kulkarni, the learned AAGP for the petitioner - State submits that the charge leveled and established against the respondent was of misappropriation of food grains and gunny bags valued at Rs.12, 41, 979.22 when he was posted as a Godown Keeper at Ratnagiri. Mr. Kulkarni submits that under Rule 27 of the MCS (Pension) Rules, 1982 the competent authority has been vested with powers to impose penalty of withholding of gratuity and pension.