G.S. KULKARNI, J.

1. Heard the learned Counsel for the parties.

2. This Writ Petition challenges order dated 27 June 2016 passed by Respondent No.1 dismissing the Petitioner from the services of Respondent No.1 which was confirmed by the Appellate Authority by an order dated 12 April 2016. The Petitioner has also sought direction against Respondent No.1 to reinstate the Petitioner in service.

3. The Petitioner was working as a Senior Manager (Maintenance) with Respondent No.1. In or about September, 2014 on a complaint of one Mr. Tushar Wakade who was awarded a contract by Respondent No.1, the Petitioner was arrested by the Central Bureau of Investigation (CBI). A FIR was registered by CBI under Section 7 of the Prevention of Corruption Act, 1998 on the ground that the Petitioner had demanded illegal gratification. On 15 September 2014 the Petitioner came to be suspended. On 13 September 2014 the Petitioner was enlarged on bail. Thereafter before the learned Special Court, a closure report was submitted by the CBI, however, the same was rejected by the learned Special Court by an order dated 19 January 2015 with a direction to the CBI to carry out further investigation. This order dated 19 January 2015 was assailed by the Petitioner before this Court in Criminal Application No.192 of 2015. By an order dated 25 March 2015 this Court set aside the said order of the learned Special Court and directed the Special Court to accept the closure report. Consequent thereto by an order dated 30 April 2015 the learned Special Court accepted the closure report dated 3 December 2014. According to the Petitioner, in view of the acceptance of the closure report, the Petitioner stood exonerated from all the charges in the criminal case. However, before the order dated 30 April 2015 was passed by the Special Court accepting the closure report, Respondent No.1 had issued a charge-sheet dated 20 February 2015 to the Petitioner proposing to hold a departmental inquiry. The allegations against the Petitioner was that the action of the Petitioner of demanding/taking bribe for performance of the official duties and non adhering to the rules and procedure of the Corporation for availing services from third party vendors amounted to serious misconduct. The facts as contained in the charge-sheet on the basis of which the charges came to be framed against the Petitioner read thus:-

1. Shri Tushar Wakde, Proprietor of M/s. Remote Data Exchange in his complaint dated 11.09.2014 addressed to Superintendent of Police, CBI, ACB, Mumbai has mentioned that he has been awarded annual maintenance contract for GPS tracking system vide Purchase Order No.4504597324 dated 22.05.2014 for a value of 10 lakhs approximately. He has mentioned that his firm started providing the maintenance services to BPCL since 01.10.2013. However, the purchase order was placed on the firm only from 22.05.2014. He submitted his monthly bills since December, 2013 for which no payments were made to him. Subsequently, he met you in your office in Mumbai Refinery on 01.09.2014 in connection with his outstanding dues for the services rendered by his firm to the Corporation. He also alleged that you demanded 10% (i.e.) Rs.1,00,000/- (approx.) as against the value of the Purchase Order 4504597324 dated 22.05.2014 issued to him for clearing his pending dues. Further, he alleged that on 05.09.2014, you called Shri Wakde from your mobile and demanded 10% of the total purchase order to clear the pending bills.

2. On 11.09.2014, you were on duty in the general shift in your office in Mumbai Refinery. Shri Wakde made a call to you twice, which you did not attend. Subsequently, you called Shri Wakde wherein he said that he would bring Rs.50,000/- as desired and you advised him to come to your office. Shri Wakde expressed his inability to come to refinery due to the security check by the CISF. Thereafter, you told him that you would get back. After few minutes, you called up Shri Wakde and asked h