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2024 Supreme(Bom) 294

A. S. CHANDURKAR, JITENDRA JAIN
State of Maharashtra, through the Principal Secretary, Social Justice and Special Assistance Department – Appellant
Versus
Prabha Krishnaji Kamble – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. N. C. Walimbe, Addl. G. P. a/w. Mr. N. K. Rajpurohit, AGP
For the Respondent: Mr. Bhushan A. Bandiwadekar

JUDGMENT :

Jitendra Jain, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. By this petition under Article 227 of the Constitution of India, it challenges an order passed by the Maharashtra Administrative Tribunal, Mumbai (Tribunal) dated 16th February 2015, whereby the Original Application (for short “OA”) of the Respondent has been allowed and the Petitioner-State has been directed to realise the services of the Respondent along with all retirement benefits on account of exoneration of all the charges framed against the Respondent.

Narrative of the events:-

    (i) On 31st March 1979, the Respondent was appointed as a Warden Class-III and in the year 1981, she joined as warden of Sant Sakhubai Backward Class Government Girls Hostel at Ahmednagar, Maharashtra.

(ii) On 8th November 1983, the Respondent was placed on suspension on account of alleged misappropriation of funds.

(iii) On 17th December 1983, a charge-sheet alleging charges of misappropriation was issued to the Respondent. The Respondent submitted her detailed reply to the said charges.

(iv) On 10th August 1984, an Enquiry Officer was appointed to conduct an enquiry against the Respondent. The F

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