VASANT RAGHUNATH GOKHALE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-1962-7-21
HIGH COURT OF BOMBAY (FROM: NAGPUR)
Decided on July 17,1962

VASANT RAGHUNATH GOKHALE Appellant
VERSUS
STATE OF MAHARASHTRA Respondents


Referred Judgements :-

PARSHOTAM LAL DHINGRA VS. UNION OF INDIA [REFERRED TO]



Cited Judgements :-

STATE OF GUJARAT VS. VRAJLAL HANSRAJ SANGHRAJKA [LAWS(GJH)-1971-7-15] [REFERRED]
BRAHMANANDA SATPATHY VS. STATE OF ORISSA [LAWS(ORI)-1969-1-1] [REFERRED TO]
MOHAMMAD ILYAS ALVI VS. STATE OF MAHARASTRA [LAWS(BOM)-1964-8-4] [REFERRED TO]
P.K. NAIR VS. STATE OF KERALA [LAWS(KER)-1964-1-38] [REFERRED TO]
BABUBHAI ISHWARLAL PATEL VS. PACHCHIM GUJARAT VIJ CO. LTD. [LAWS(GJH)-2016-8-4] [REFERRED TO]
BABUBHAI ISHWARLAL PATEL VS. PACHCHIM GUJARAT VIJ CO. LTD. [LAWS(GJH)-2016-9-2] [REFERRED TO]
ASSISTANT EDUCATIONAL OFFICER VS. MOHAMMED [LAWS(KER)-1966-7-42] [REFERRED TO]
BHALCHANDRA LAKSHMISHANKAR DAVE VS. STATE OF GUJARAT & 1 ANOTHER [LAWS(GJH)-2016-8-170] [REFERRED]
B.H. MARWAHA VS. UNION OF INDIA [LAWS(DLH)-1972-5-45] [REFERRED TO]
THE NABA BALLYGUNGE MAHAVIDYALAYA AND OTHERS VS. SRI GOUTAM BASU AND OTHERS [LAWS(CAL)-2018-6-135] [REFERRED TO]


JUDGEMENT

Abhyankar, J. - (1.)This is a petition under Art, 226 of the Constitution. The petitioner was appointed as Revenue Inspector on 7-12-1946 in the then State of Madhya Pradesh. He was confirmed in that capacity on 7-12-1948. Later, he was promoted as Assistant Superintendent of Land Records. He was confirmed as Assistant Superintendent of Land Records by the orders of the Government of Madhya Pradesh on 31-10-1956. The petitioner's services were allocated to the new reorganised Stale of Bombay. The petitioner was at Nagpur when he received an order dated 3-9-1957 from the Settlement Commissioner and Director of Land Records. By that order the petitioner was suspended from service from the date of receipt of the order. The order gave certain other directions as follows:
(1) That during the period of suspension he should be paid only the subsistence and other allowances admissible under the B. C. S. Rules, i.e. Bombay Civil Services Rules. (2) That the petitioner should not leave his Headquarters without the previous permission in writing of the Deputy Commissioner, Bhandara. (3) That the petitioner is not allowed to accept any private employment or to do any business while under suspension. If he accepts private employment or does any business while under suspension, he will be deemed to be guilty of misconduct and will be liable to be dealt with accordingly and he would forfeit his claim to any subsistence allowance.

(2.)There is a note added below the order that the Government have ordered to hold a Departmental Enquiry under Rule 55 of the Civil Services (Classification, control and Appeal) Rules against the petitioner on the charge of corruption and as ordered by the Government he is suspended from service. The Departmental Enquiry was to be conducted by the Deputy Commissioner, Bhandara.
(3.)Thereafter, the Deputy Commissioner, Bhandara, served a notice on the petitioner on 18-1-1958. By this notice, the petitioner was called upon to put in a written statement of defence in respect oi the two charges men tioned in the notice. The charges were as under:
(1) That while you were working as an officiating Assistant Superintendent of Land Records (Nistar at Bhandara) you demanded Rs. 50/- and accepted Rs. 25/-as illegal gratification from one Bhuna alias Bapu Atmya Uka, Kumbhar of mauza Kelwad, tahsil Sakoli for a promise given by you for recording certain lands of mouza Kelwad in his name. (2) That you demanded an illegal gratification of Rs. 100/- from one Naklu Shiwa Mahar, resident of Kelwad, tahsil Saholi, for recording lands of that mouza in his name.
A statement of the allegations on the basis of which the charges were framed was attached to the memorandum from the Deputy Commissioner. By a subsequent order from the Government the enquiry was entrusted to Shri B. N. Sathaye, Personal Assistant to the Collector Bhandara. The petitioner, it is alleged, appeared before the Enquiry Officer. The Enquiry Officer held an enquiry and submitted his report on 18-2-1959. That report is to be found at pages 14 to 31 of the Paper book before us.


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