ZILLA PARISHAD NANDED Vs. MADANLAL SHARMA

JUDGEMENT

(1.) THIS petition, filed under Articles 226 and 227 of the Constitution, deals with a checkered history from 1st November, 1962 of the service career of a Government servant who has been honoured by the Government of India as a freedom fighter and he is presently getting the freedom fighters pension right from 1989.

(2.) BORN on 12th of October, 1926 he completed his B. A. degree and came to be appointed by the Secretary to the Government of Hyderabad, Department of Development Project, as Social Education Organizer vide order dated 16th of July, 1954 under the Gulbarga Community Development Block and was subsequently transferred in 1956 to Khaspa in Paranda Taluka of Osmanabad district on account of the fact that he came to be repatriated to the Government of Bombay State with effect from 1st November, 1956. He became part of the Maharashtra State service from 1st May, 1960 and was transferred to Jafrabad in Aurangabad district. He was transferred under the Nanded Zilla Parishad in the same capacity and while he was under the Chief Executive Officer, Zilla Parishad, Nanded he was sent for training at Udaipur on 4th August, 1963. The training course was to commence from 8th of August, 1963 and was to last till December, 1963. It appears that he did not vacate the hostel in Udaipur and, therefore, the Chief Executive Officer terminated his deputation vide letter dated 2nd January, 1964 and inspite of that he did not report for duty. Prior to this communication he was placed under suspension by order dated 2nd November, 1963 by the Chief Executive Officer, Zilla Parishad, Nanded by invoking the powers under section 156 of the Bombay Civil Services (Discipline and Appeal) Rules. The last paragraph of the said order stated, thus:

(3.) WHILE under suspension he was posted under the Panchayat Samiti, Nanded as per order dated 27th July, 1964 with directions that he should not leave headquarters without prior permission of the Block Development Officer. Thereafter, the petitioner was permitted to go over to Kinwat on 24th August, 1964 and was allowed to leave the headquarters for two days but he did not report to the headquarters as was intimated by the Block Development Officer vide his letter dated 7th September, 1964 to the Zilla Parishad. The record shows that disciplinary inquiry proceedings were initiated and vide letter dated 4th March, 1968 a detailed report was submitted to the Commissioner, Aurangabad. On 4th January, 1969 the Deputy Director of Education, Aurangabad passed an order withdrawing the petitioners services from the Zilla Parishad, Nanded and the petitioner came to be posted as an Assistant Teacher at the Government Training College (New) at Nanded with effect from 30th December, 1968 in place of Shri N. B. Kulkarni. The said order of repatriation also noted that the petitioner was under suspension and Shri Kulkarni would continue on temporary basis in the said post.