JUDGMENT - L. M. MANOHARAN, J. :-The petitioner who was Assistant Engineer with the 1st respondent Nagpur Improvement Trust (for short "the Trust"), challenges his order of suspension dated 2-5-1993 and the order of discharge dated 15-7-1985 (Annexures 'A W')

2. The petitioner was initially appointed in the 1st respondent Trust as an Assistant Overseer and later he earned promotion as the Assistant Engineer and while he was working in that capacity as the Assistant Engineer, pending enquiry into the certain allegations against him, kept him under suspension by Annexure 'A'. Later, he was served with Annexure 'G' the charge-sheet which contained four charges against him:

Charge No. 1

"While serving under the Nagpur Improvement Trust, Nagpur as Assistant Engineer, you were engaged in the business run by M/s M. K. Associates and M/s Shree Constructions and doing business, this act of your is in contravention of Rule 16 of the Maharashtra Civil Services (Conduct) Rules, 1979 and constitutes a misconduct on your part.

Charge No. 2

That a Board sanctioned advance of Rs. 15,000/- to you for purchase of motor car for the use in discharging official duties, vide Board Resolution dated 25th February, 1980. Accordingly, you purchased an Ambassador car bearing MHX 7037 by obtaining loan from the Nagpur Improvement Trust. You have drawn car maintenance allowance for the aforesaid car for the period from 11 June, 1980 to 30th September, 1981 by signing a certificate that the car was used for Trust work. However, the car was not used by you during this period, but it was allowed to be used by Shri Moreshwar Waman Kolhatkar exclusively for his business purposes. Thus you have cheated the Nagpur Improvement Trust by drawing maintenance allowance at the rate of Rs. 240/- p.m w.e.f. 11-6-1980 to 30-6-1981 and Rs. 350/- from 1-7-1981 to 30-9-1981.

Charge No. 3

That the aforesaid car No. MHX 7037 was pledged by you with the Nagpur Improvement Trust. That you executed an agreement dated 11th June, 1980 with the Chairman, Nagpur Improvement Trust, Nagpur and gave an undertaking that so long as the loan taken by you for the purchase of motor vehicle remains payable to the Chairman, you will not sell or pledge the vehicle to anyone. However, in contravention of this agreement and the Bombay Financial Rules, 1959, under which loans have been granted to you, you sold the car without reimbursement of full loan and permission of the Chairman, Nagpur Improvement Trust.

Charge No. 4

That you failed to furnish complete details about the movable and immovable properties belonging to you and your family members after you were directed to do so by under letter No Account/5891 dt. 21st February, 1983 and No. Account/6108 dated 3rd March, 1983 by the Nagpur Improvement Trust. Thus you committed a breach of Rule 19 of the Maharashtra Civil Services (Conduct) Rules, 1979."

On serving the charge on the petitioner he filed his written statement. The Enquiry Officer after examining witnesses and perusing documents, found him guilty of three charges i.e. charge Nos. 1 to 3. Charge No. 4 was said to be not proved. The report of the Enquiry Officer is Annexure 'T'. Later the report of the Enquiry Officer was accepted by the Disciplinary Authority and it directed to issue show cause notice to him proposing the punishment of compulsory retirement vide Annexure 'S'. To this show cause notice the petitioner filed reply, and ultimately he was served with the final order Annexure 'W', which purported to 'discharge' him from the service. Annexure 'W' directed to discharge the petitioner from the service with immediate effect and also further ordered that the period of suspension from 2-5-1983 till the date of Annexure 'W' would not be treated as duty period, but, he would be entitled to receive subsistence allowance as per the rules.

3.Learned Counsel for the petitioner Shri Kothari argued that the very suspension of the petitioner itself is invalid as according to the learned Counsel

Click Here to Read the rest of this document