UPERINTENDING ENGINEER IRRIGATION PROJECTS AND WATER RESOURCES Vs. SUPERINTENDING ENGINEER IRRIGATION PROJECTS AND WATER RESOURCES

JUDGEMENT

(1.) THE learned Judge (Savant, J.), who admitted the writ petition, was constrained to observe that this writ petition "represents a very sorry state of affairs". I am not only inclined to agree with the said observations, but I would go ahead and add that, but for intervention by this Court, public money would be frittered away in rewarding an undeserving person against whom serious charges of criminal misappropriation have been levelled by the Government, thanks to the casual manner in which the case of the Government was represented before the Industrial Court. This, indeed, is a sorry state of affairs and someone in the Government should sit up, take notice and put an end to it.

(2.) THIS writ petition under Article 227 of the Constitution of India impugns an order of the Industrial Court, Maharashtra, Kolhapur, dated 1st March, 1993 made in Complaint (ULP) No. 45 of 1988 under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as the Act ).

(3.) THE first petitioner is the Superintending Engineer, Irrigation Projects and Water Resources, Investigation Circle, Pune, and the Second petitioner is the Sub-Divisional Engineer, Water Resources, Sub-Division No. 6, Kolhapur. The petitioners carry on the work of research regarding water resources under the Irrigation Department of the Government of Maharashtra. The first respondent was appointed under the petitioners as a Junior Clerk on 6th November, 1979 and posted at Kolhapur and at the material time he was holding the post of Stores Clerk. While he was holding a post of Stores Clerk, a serious case of misappropriation of an amount of Rs. 1,50,000/- (Rupees one lakh fifty thousand only) came to notice and the first respondent came to be suspended pending enquiry into the said allegation. On 23rd July, 1987 a F. I. R. was lodged in the Kolhapur Shahupuri Police Station for the offence of misappropriation of the aforesaid amount. Police investigated the case and a charge-sheet came to be filed under sections 409, 465, 467, 468 and 471 of the Indian Penal Code on 19th July, 1988 against the first respondent and the said criminal case is pending before the Criminal Court at Kolhapur. The first respondent was suspended from service on 16th July, 1987 and on 11th September, 1987 he was informed that he would be paid subsistence allowance as provided under Rule 68 of the Maharashtra Civil Service Regulation Rules, 1981. Under the said Rule the first respondent was entitled to half of the wages and allowances and paid leave as subsistence allowance computed on the basis of his last drawn wages. The order of suspension issued on 16th July, 1987 was initially for a period of six months which came to an end on 15th January, 1988. The first respondent was served with a charge-sheet on 19th February, 1988. By an order dated 9th June, 1988, the suspension period was extended upto 22nd February, 1988 with the sanction of the Chief Secretary.