MASUOOD ALAM KHAN PATHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition is directed against the Order dated 27th November, 1998 passed by the Maharashtra Administrative Tribunal, Mumbai.

(2.) The petitioner was working as the Administrative Officer in the office of the Administrative Medical Officer, E.S.I.S. at Mumbai. At the time of audit of the Hospital account, misappropriation of some amount was revealed and the investigation was carried out. The petitioner was prosecuted along with some other person for misappropriation of the property and falsification of the account and Criminal Cases Bearing Nos. 111 of 1984 & 112 of 1984 were registered against him. On the other hand, respondent No. 1 had started departmental proceedings against the petitioner.

(3.) The aforesaid enquiry was conducted by a Special Officer for Departmental Enquiries, Nashik and Pune Division, Pune. The said enquiry was concluded holding the petitioner guilty and accordingly a report was submitted by the Special Enquiry Officer. Pursuant to the said outcome of the enquiry, the Disciplinary Authority under provisions of Rule 27 of the Maharashtra Civil Service (Pension) Rules, 1982 directed that 50% of the pension payable to the petitioner be withheld and the said punishment was imposed on the petitioner. It was further directed that the period which was spent that is the period of suspension from 20th December, 1983 to 31st July, 1988 be treated as "suspension period" for all the purposes. In order to implement this decision, the Government of Maharashtra passed the Government Resolution dated 14th March, 1991 which was challenged by the petitioner before the Maharashtra Administrative Tribunal (MAT).