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 Feb

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