Advocates:
['GAWALI AMOL K', 'COPY SERVED ON GP', '', 'GP', 'SHELKE SHIVAJI T', '']

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wp11854-17

drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.11854 OF 2017

Sudhakar Kisan Borde

PETITIONER

Age – 55 years, Occupation – Nil

R/o At – Shiregaon, Post – Khedle Parmanand

Taluka – Newasa, District - Ahmednagar

VERSUS

1.

The State of Maharashtra

RESPONDENTS

Through Hon'ble Minister

For Rural Development

Mantralaya, Mumbai-32

2.

The Divisional Commissioner,

Nashik Division, Nashik

3.

The Zilla Parishad, Ahmednagar

District – Ahmednagar

Through its Chief Executive Officer

4.

The Chief Executive Officer,

Zilla Parishad Ahmednagar

District - Ahmednagar

.......

Mr. Amol K. Gawali, Advocate for the petitioner

Mr. S. P. Tiwari, AGP for respondent - State

Mr. S.T. Shelke, Advocate for respondents No. 3 and 4

.......

[CORAM : SUNIL P. DESHMUKH, J.]

DATE : 25

^th SEPTEMBER, 2018

ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith and heard learned

advocates for the parties finally by consent.

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2.

The petitioner is before this court aggrieved by orders

dated 29^th May, 2017 passed by Minister for State for Rural

Development, dated 25^th October, 2016 passed by Divisional

Commissioner, Nashik and dated 28^th November, 2013 passed by

Chief Executive Officer, Zilla Parishad, Ahmednagar.

3.

The petitioner had been working as Gram Sevak since 20^th

November, 1995. While he had been holding charge of Gram

Panchayat Pangarmal he had been assigned additional charge of

Majale Chincholi during the period 21^st July, 2004 to 23^rd April,

2008.

4.

The petitioner had received a charge sheet through a

covering letter dated 28^th January, 2009 under signature of Block

Development Officer, Panchayat Samiti, Ahmednagar. There were

seven charges levelled against the petitioner. Charge No. 1 had

been to the effect that during the period from 21^st July, 2004 to

17^th April, 2008, petitioner had withdrawn amounts from time to

time aggregating to Rs.62,300/- and had permanently

misappropriated the same. Charge No. 2 had been in respect of

withdrawal of amounts from Gramnidhi and Indira Avas Yojana

and disbursing the same to beneficiaries, however, no receipts in

writing in respect of the same had been made available by the

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petitioner. Charge No. 3 also was of similar nature that was in

respect of water supply fund and Indira Avas Yojana. Charge No.

4 had been that the petitioner had not been residing at head

quarter Majale Chincholi / Pangarmal during his tenure and had

abstained from monthly and fortnightly meetings continuously.

Charge No. 5 was in respect of that the petitioner had not made

available office record for local fund audit to extension officer.

Charge No. 6 had alleged that the petitioner had faltered

collection of grampanchayat taxes. Charges No. 7 alleged that

Mr. Sandip Palve had not been furnished with information

solicited under the Right to Information Act.

5.

Before petitioner submitted reply, he had requested for

several documents on 6^th April, 2010 as referred to on page 197

of the writ petition. However, said documents were not supplied

to the petitioner. Despite aforesaid deficiencies, the petitioner

purported to submit his explanation on 20^th April, 2010.

6.

According to learned advocate for the petitioner no proper

opportunity had been afforded to the petitioner during the

course of inquiry and with the deficient material inquiry had been

completed and charges levelled against the petitioner had been

held to be proved under the inquiry report dated 28^th September,

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2012.

7.

Based on said inquiry report, petitioner had been issued a

show cause notice by the disciplinary authority i.e. Chief

Executive Officer, Zilla Parishad, Ahmednagar and in reply to the

same, petitioner had explained the factual aspects in detail with

material in respect of the same. He submits that necessary

explanation and material in r