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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

8 WRIT PETITION NO.7884 OF 2019

SHRIPAD PRABHAKARRAO DUDHAL

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Advocate for Petitioner : Mr.D.M.Mane h/f. Mr.Nagesh G. Talekar

AGP for Respondent Nos.1 to 3 : Mr.P.N.Kutti

Advocate for Respondent No.4 : Mr.Vinod M. Vibhute

...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 4^th July, 2022

ORDER :-

.

This petition fled under Articles 226 and 227 of the

Constitution of India challenges the order passed by the Chief

Executive Ofcere Zilla Parishade Osmanabade dated 12^th Octobere

2018e thereby imposing punishment of stoppage of one

increment of the petitioner with permanent efect.

2.

The petitioner is working on the post of Assistant Teacher

with Zilla Parishade Osmanabad. The State Government by

issuing guidelines has laid down procedure for transfer of Zilla

Parishad employees. In the said Resolutione a provision is made

for special category of Teacherse who are sufering from certain

ailments mentioned in the guidelines.

3.

The petitioner applied online by claiming that he belongs to

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special category of Teachers as his right Kidney is not functioning

normally and thereforee he falls in Class-I category as per the

guidelines. The petitioner also submitted medical certifcate

issued by the Nephrologiste countersigned by the Civil Surgeone

General Hospitale Omerga. On the basis of the said applicatione

the petitioner was transferred at the place requested by him.

4.

Subsequent to the transfere it was found that the petitioner

has submitted incomplete or incorrect document or information

and thereforee by the impugned ordere punishment of stoppage

of one increment with permanent efect is imposed on the

petitioner. The petitioner unsuccesfully challenged the impugned

order by fling Appeal No.147 of 2018 before the Divisional

Commissionere Aurangabad. The petitioner is thereforee

aggrieved by the order of punishment.

5.

Heard learned Advocate for the petitionere learned

Advocate for respondent No.4 - Zilla Parishad and learned AGP

for the respondents-State.

6.

Admittedlye without conducting the departmental enquirye

punishment of stopping of one increment with permanent efect

is imposed on the petitioner in terms of Rule 4 of the

Maharashtra Zilla Parishad (Discipline and Appeal) Rulese 1964.

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7.

In Narendra s/o

Motiram Bodkhe vs. Additional

Commissioner, Nagpur and others [2006 (5) Mh.L.J. 229], the

Division Bench of this Courte by relying on the decision of the

Hon’ble Apex Court in the case of Kulwant Singh Gill Vs. The

State of Punjab [1990 Vol.2 Current Labour Reports 686]e held;

“withholding of two increments permanently is admittedly the

punishment which would fall in the category of major

punishment and by necessary implication such punishment could

not have been imposed by Zilla Parishad without conducting

appropriate departmental enquiry.”

8.

In the light of the aforesaid ratioe the impugned order of

punishment passed against the petitioner cannot be sustained. In

the resulte following order :-

ORDER

(i)

Writ petition is allowed.

(ii)

The impugned order passed by the Chief Executive

Ofcere Zilla Parishade Osmanabade dated 12^th Octobere

2018e thereby imposing punishment of withholding one

increment of the petitioner with permanent efecte is hereby

quashed and set aside.

(iii)

Respondent No.4 – The Chief Executive Ofcere Zilla

Parishade Osmanabade is at liberty to initiate departmental

enquiry against the petitioner.

( NITIN B. SURYAWANSHI )

JUDGE

SPT