HANUMANT S/O TRIMBAK MALI Vs. DISCIPLINARY AUTHORITY IN SHAPE OF HONOURABLE DISTRICT & SESSIONS JUDGE, OSMANABADBOMBAY

JUDGEMENT

(1.) The petitioner assails the order of District Judge, Osmanabad dt. 23.04.2001, whereby he was held guilty in Departmental Inquiry and his one increment was permanently stopped. The order was confirmed in Departmental Appeal before this Court.

(2.) Undisputedly, Reg. Civil Appeal No. 133 of 1983 against the judgment and decree in Spl. Civil Suit No. 20 of 1977 came to be dismissed in-default on 21.04.1995 but by order dt. 01.07.1998 in Misc. Application No. 49 of 1995, the same was restored to the file. That time, the petitioner was Jr. Clerk in the District Court and his co-delinquent Mr Gaikwad was senior clerk. The petitioner was charged with the accusation that it was his duty to call the record and proceedings as per the order dt. 09.07.1998 but he failed to do so and it resulted into destruction of 'C' file of Spl. Civil Suit No. 20 of 1977 on 07.10.1998. After regular inquiry, the Inquiry Officer exonerated both the delinquents but the Disciplinary Authority took a contrary view and held both the delinquents guilty.

(3.) A] Shri. Kshitij Surve h/f Shri. Hemant Surve, the learned counsel for the petitioner submitted that, as per para 544(2) of Civil Manual, the Record Office should have destroyed the 'C' file after 12 years from the disposal of appeal. The appeal was disposed of initially on 21.04.1995 but it was restored. Merely because the record and proceedings was not called, the Record Office was not justified in destruction of 'C' file before due date. Therefore, the alleged disputed failure of the petitioner to call the record & proceedings cannot be said to be the cause for destruction of 'C' file on 07.10.1998.