V. C. DAGA, J. :- This petition is directed against the order dated 8th May, 2000 passed by the respondent No.3 and the order dated 1st June, 2001 passed by the respondent No.1; communicated to the petitioner vide letters dated 11th February, 2002 and 11th September, 2002; whereby the petitioner came to be dismissed from service after departmental enquiry.

The Facts

2. The facts giving rise to the filing of this petition are as under:

3. The petitioner was working as Accounts Officer with the Maharashtra Remote Sensing Application Centre, Nagpur (the "MRSAC" for short); which is a Society registered under the Societies Registration Act. It receives grant from the State Government. It has to function as per the policy of the State Government.

4. It has framed its own bye-laws and service rules known as the "Service Rules and Procedure" for the Personnel and Administrative affairs. The post of Accounts Officer in the pay-scale of Rs. 2000-3500 was created from 3-11-1992 with due approval from the Government of Maharashtra. The petitioner was appointed as Accounts Officer by an order dated 14-10-1994.

5. The Governing Body of the MRSAC comprises of the Chief Secretary of the State as Ex-officio Chairman and 12 members which include Secretaries to the Planning, Agriculture and Co-operation, Irrigation, Rural Development Departments, Chief Conservator of Forest, Director of Technology etc. The Governing Body of the MRSAC approved and passed a resolution on 15th June, 1992 authorising the Executing Committee to make appointment to the posts up to the pay-scale of Rs. 2200-3700. The Executive Council of the MRSAC consists of the Director as Chairman with three other members of the Governing Body.

6. The petitioner, during the course of employment, came to be served with charge-sheet dated 1-6-1999 for having committed acts constituting misconduct. The charge-sheet contained the following charges :-

(A) That, the petitioner claimed an amount of Rs. 4116/- for journey from Nagpur to Kolhapur and back without giving proof of purchasing tickets. The ticket numbers given by petitioner in the claim were false as communicated by the Railway Authority.

(B) Petitioner had shown gross indifferent behaviour by-

(i) not preparing the T.A. Bills of the Director for the month of March, 1999 for journey to Sindhudurg, Mumbai, Hyderabad and raised several objections without any authority and did not pay the amount.

(ii) disobeying orders of superiors and tried to evade responsibility of

settlement of final bill of the sub-consultants/contractors.

(C) The petitioner raised unwarranted objection regarding the salary bills of some MRSAC staff and stalled payment of salary and created unpleasant atmosphere. He did not obey the order of the Director.

(D) Petitioner published news item in newspaper maliciously on 13th March; 1999, 16th March, 1999, 18th March, 1999 and 29th April, 1999. (E) Petitioner deliberately avoided to sign the attendance Register for six months from October, 1998 to March, 1999.

(F) On 17-5-1999 the petitioner refused to accept the letter of suspension and removed some confidential documents from the office.

(G) Petitioner tried to put pressure on the Director to revoke order of suspension.

7. The petitioner was informed that the departmental enquiry would be conducted against him under the provisions of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979. One Shri M. P. Tanksale was appointed as an Enquiry Officer while one Shri D. B. Deore was appointed as Presenting Officer to represent the MRSAC administration.

8. The departmental enquiry was commenced from September, 1999. It was completed in the month of March, 2000. The Enquiry Officer submitted his report and held the petitioner guilty of Charge Nos. (A), (B)(i), B(ii) and (C) having been proved and held that charge Nos. (D), (E) and (G) were not proved; whereas charge No. (F) was partly proved.

9. A show-cause notice was issued by the Director to th