ORAL JUDGMENT NARESH H. PATIL, J. :- Heard.

2. Rule. Rule is made returnable forthwith. By consent of the parties, the matter is taken up for final hearing.

3. The petitioner contends that she came to be appointed as lady police constable as per the order dated 2-7-1994 issued by the Superintendent of Police, Aurangabad (Rural)-Respondent No.2. The petitioner served in the said capacity till her services came to be terminated by respondent No.2 by an order dated 207-1996. Against the order of termination, the petitioner approached the Maharashtra Administrative Tribunal, Mumbai, Bench at Aurangabad, by filing Original Application No. 930 of 1996. The respondent No.2 filed affidavit-in-reply to the original application in which it was contended in paragraph Nos. 11 and 12 :

"11. An enquiry in the matter was made by the Dy. Supdt. of Police (HQ) Aurangabad (Rural) and he submitted enquiry report vide his No. 45/96 dtd. 2-4-1996. In the enquiry it was revealed that the certificate of P.A.P. produced by the petitioner was false. Hence an offence at Police Stn. CIDCO, Aurangabad has been registered against the petitioner vide CR No. 1-166/96 under sections 420, 468, 471 of IPC on dtd.20-7-1996. 12. Hence, the services of the petitioner were terminated vide this office Order No. Astha/LPC/1216/96/3971 dtd. 20-7-1996, without giving any notice as per the terms and conditions of her appointment as Ladies Police Constable."

4. An offence came to be registered against the petitioner at CIDCO Police Station at Cr. No. I 166/96 for an offence punishable under sections 420, 468, 471, IPC on 20-7-1996. It was alleged that the petitioner had obtained a false certificate as "Project Affected Person" from the Collector/District Rehabilitation Officer, Ahmednagar. The petitioner was charge-sheeted for the said offence in Regular Criminal Case No. 22 of 1997 by the IX Jt. J.M.F.C., Aurangabad. By judgment and order dated 16-9-1998, the IX Jt. J.M.F.C., Aurangabad acquitted the petitioner for the offence punishable under sections 418, 468, 471 of I.P.C. The petitioner thereafter filed Misc. Application No. 33 of 1999 in O.A. No. 930 of 1996 before the tribunal seeking interim relief. By an order dated 12-4-1999 the tribunal granted interim relief directing the respondents therein to reinstate the petitioner on the post of Lady Police Constable before ·10-6-1999. It was further directed to communicate compliance of the said order before 10-6-1999. The said application came to be disposed of by the said order.

5. Under the interim orders passed by the tribunal, the petitioner was reinstated by an order dated 5-6-1999 by the Superintendent of Police, Aurangabad (Rural) subject to decision of the Original Application pending before the Administrative Tribunal. By an order dated 4th April, 2006, the Administrative Tribunal dismissed the appeal of the petitioner. The petitioner has impugned the order passed by the tribunal in this petition under Articles 226 and 227 of the Constitution of India.

6. In response to the notice issued by this Court, the respondent No.2 filed affidavit-in-reply. It was contended by the Dy. Superintendent of Police (Home), Aurangabad that after the petitioner was selected, her certificate of "Project Affected Person" produced by the petitioner was sent for verification to the District Rehabilitation Officer, Ahmednagar by communication dated 20-8-1994. In reply to the said communication, the District Rehabilitation Officer, Ahmednagar informed by letter dated 24-8-1994 that the certificate of "Project Affected Person" produced by the petitioner was issued by the said office. On 21-1-1996 an anonymous application was received by the office of the deponent that the petitioner had secured employment by submitting a false certificate of "Project Affected Person". To verify the allegations made against the petitioner, one Junior Grade Clerk was sent to the office of the District Rehabilitation Officer, Ahmednagar along with lett

Click Here to Read the rest of this document