VINAYAK DASHRATH SONTAKKEY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONER, a Deputy Director of Health Services, invokes Article 226 to protect and further his career in the Public Health Department of the State of Maharashtra.

(2.) PETITIONER and three others while holding different posts were appointed as Deputy Directors on a recommendation of the Maharashtra Public Service Commission. This was under Government Resolution dated 2-11-1981 which is at Ex. A. The clause in regard to probation therein reads thus :

(3.) THE present petition was filed on 6-4-1988. The case put forth by petitioner is that under the terms of appointing him to the post of Deputy Director, his probation ended on 23-1-1984. Respondents were not at liberty to extend the probation and certainly not after the expiry of the outer limits specified in the communications dated 20th September, 1984 and 2nd January, 1986. The adverse remarks were false and contrary to what the 2nd respondent had observed in several laudatory communications addressed to the petitioner. The enquiry proposed to be held against him was based on non-existent grounds. Lapses identical to those ascribed to him were attributed to other Officers. A Joint Director had carried out a preliminary enquiry and submitted a report of exoneration. The report had been accepted by the Government and it was not at liberty to discriminate against him and commence a departmental enquiry for the same lapses. The non-confirmation and proposed departmental enquiry were affecting his future prospects. His juniors had superseded him to a higher post. The adverse remarks and cont emplated departmental enquiry be disregarded. Various reliefs flowing from the above were sought in the petition lodged on 6-4-1988.