D. D. SINHA, J.

( 1 ) HEARD Mrs. Kalyani marpakwar (Deshpande), learned Counsel for petitioner and Mr. A. B. Choudhari, learned counsel for respondent.

( 2 ) THE learned Counsel for the petitioner contended that on 16-11-1974, the petitioner was appointed as Mines Foreman and was posted at Pohara Mines in Bhandara district. The petitioner was confirmed on the post of Junior Mining Engineer by order dated 13-08-1991. On 15-09-1983, the petitioner resigned from the post. In the year 1986 the petitioner again applied to the respondent for appointment on the post of Mining Engineer/ first Class Mines Manager, on the fixed pay of rs. 1,550/- per month plus other allowances in the pay scale of Rs. 1100 - 50 - 1550 - 75 - 1700. On 5-02-1988, the petitioner was confirmed on the post of Mining Engineer/first class Mining Manager w. e. f. 07-04-1987.

( 3 ) THAT on 10-08-1988, the petitioner was transferred to Nagpur. On 19-08-1988, the petitioner was placed under suspension for contemplated enquiry. On 15-02-1989, memorandum of charges was handed over to the petitioner. The charge was under Rule 10 (B) (iii) of the Conduct, Discipline and Appeal rules of the Respondent. There were to