K. U. CHANDIWAL, J.

Heard.

2. Rule was issued on 5.7.2006. Interim relief was granted in favour of the writ petitioners.

3. Petitioner no. I Suresh (since deceased, hence deleted) was President of Municipal Council, Amalner. Petitioner No.2 Pandurang Sonwane. at the material time was serving as Chief Officer while, petitioner no.3 Suresh Moreshwar Vaidya, a retired Revenue Officer was nominated as Inquiry Officer.

Mr. Golegaonkar now clarifies that wrong statement was made on March 4th, 20 J 3, about death of petitioner no.3, however, petitioner no. 3 is alive; but, bed-ridden. Earlier order of dismissal, to his extent, is recalled.

4. Respondent no.3, complainant, was an employee in Municipal Council working in Octroi Department for a period from 1996 to 2001. Audit was carried, which indicted respondent no.3 and N.R. Khairnar, Junior Clerk in the Tax Department of the Amalner Municipal Council with misappropriation of Rs.1,75,516.85. Shri Khairnar, in his representation dated 15.6.2002, accepted misappropriation and user of the part of amount for personal purposes owing to ill health of his wife. He asserted that it was not j with ill motives or misappropriation. It was t u