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2003 Supreme(Bom) 315

R.M.LODHA, A.S.AGUIAR
V. S. Gajul – Appellant
Versus
Honourable District Judge, Solapur & another – Respondent


JUDGMENT - LODHA R.M., J.:---Upset by the order dated 29-1-1992 whereby the petitioner has been dismissed from service and rejection of his administrative appeal, the petitioner has filed this writ petition under Article 226 of the Constitution of India.

2. The petitioner who was working as junior clerk in the Court of Civil Judge, Junior Division and Judicial Magistrate, First Class, Mohol was served with the charge-sheet on 16-2-1991. The charges against the petitioner, in substance, were:

(i) He was directed to maintain daily-diary and to produce the same before the Presiding Officer. However, he neglected those directions and disobeyed the orders of the superiors;

(ii) He was habitual late-comer and inspite of warning there was no improvement;

(iii) He remained absent at the time of flag-hoisting ceremony on 15-8-1990 and

(iv) His behaviour with his co-workers was hostile.

The Inquiry Officer was appointed and after following reasonable procedure and giving the petitioner full opportunity of filing reply, production of documents and oral evidence, the Inquiry Officer in his report dated 30-7-1991 held that all the charges against the petitioner were proved. Though the petitioner pray


































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