Bombay High Court
Uttam Krishnaji Levarkar ... vs State Of Mah. Mumbai & Another on 12 July, 2017
Bench: Ravi K. Deshpande
wp.497.02
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 497/2002
* Uttam s/o Krishnaji Levarkar
Aged about 58 years occu: Nil
Resident of Amravati, Tahsil &
Dist. Amravati. ..PETITIONERS
VERSUS
1) The State of Maharashtra
Through its Secretary
finance Department of the
Govt. of Maharashtra
Sachivalaya, Mumbai -32
2) District Collector
Office of the District Collector
Amravati. ..RESPONDENTS
.
...................................................................................................................
None for the petitioner
Mr. S.M.Ukey, Additional Government Pleader for respondents
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CORAM : R.K. DESHPANDE &
MRS.SWAPNA JOSHI, JJ.
DATED : 12 th
July, 2017
ORAL JUDGMENT: (Per R.K.DESHPANDE, J.)
The petitioner was reverted from the post of Head Clerk to
the post of Junior Clerk by an order dated 05.02.1991. This was by way
of punishment after holding a detailed enquiry in respect of the charges
levelled against him. The petitioner had given notice for voluntary
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retirement on 25.01.1990 from the post of Stamp Head Clerk and the
same was not accepted. Hence, twofold reliefs were claimed in Transfer
Application No.1454/1992 before the Maharashtra Administrative
Tribunal at Nagpur, which has dismissed the same on 30.08.1994.
2. In Paragraph 7 of the judgment, the Maharashtra
Administrative Tribunal has considered the challenge to the order of
reversion. About seven charges were levelled and the same were proved.
The Inquiry Officer found him guilty and the report was accepted by the
Disciplinary Authority. The Tribunal did not find any perversity for
violation of the principles of natural justice in holding the petitioner
guilty of the acts of misconduct alleged against him. The relevant
portion of paragraph 7 of the judgment of the Tribunal, is reproduced
below:
".........Suffice it to mention here that in short, the charges
levelled against him in the impugned enquiry were that (1) he
did not hand over the charge of the post of Stamp Head clerk
though transferred on 25.1.90; (2) he remained absent
without grant of leave from 29.1.90 to 31.3.90; (3) while
proceeding on leave, he did not hand over the key of the single
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lock stamp box; (4) though, a person was sent to his house for
bringing the key of the said box, the same was not make
available during the said period; (5) as the said box could not
be opened during the said period, they could not be sold or
distributed to the public and as such the public was put to great
inconvenience; (6) the said box was opened under a
panchnama on 30.1.90 at which time it was found that as many
as stamps worth Rs.3350/- were found without any
endorsement and blank; and (7) he misbehaved abusing the
superior officers on 31.1.90. On all these counts he has been
found guilty by the Inquiry officer which has been accepted by
the Disciplinary Authority i.e.the Treasury officer who according
to the petitioner himself is the Appointing authority. In the
given circumstances and facts, these findings cannot at all be
said to be perverse such as no reasonable and prudent person
could come to such findings. Thus we do not at all find that the
impugned order deserves to be quashed."
3. The Tribunal further held that no case is made out for
acceptance of notice of voluntary retirement on 1.2.1991 and 1.9.1991.
The said claim was also rejected.
4. We find that the petitioner joined the post of Junior Clerk
on 29.9.1994 which is apparent from the return filed by the
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respondents. The petitioner thereafter also sought voluntary retirement
from service with effect from 1.3.1997 and the same was accepted. The
petitioner stood voluntarily retired from service with effect from
1.3.1997.
5. In view of the above, we do not find any substance in the
Writ Petition. The same is dismissed.
JUDGE JUDGE
sahare
