B. Amit Sthalekar, J. - (1.) I have heard Sri A.B. Singh, learned counsel for the petitioner and Sri Mata Prasad, learned Standing Counsel for the respondents.
(2.) THE petitioner is seeking quashing of the order dated 6.4.2015 whereby a recovery of Rs. 17.50 lakh has been ordered against him on ground of financial transgressions committed by him. The petitioner was issued a chargesheet on 30.4.2008. A departmental enquiry was held and the Enquiry Officer submitted his report on 5.8.2008. The petitioner retired from service on 31.7.2008 and thereafter after almost 7 years the impugned order of recovery has been passed. It is submitted by Sri A.B. Singh that the District Rural Development Agency (hereinafter referred to as 'the D.R.D.A.') is a registered society and in terms of the Government Order dated 17.3.1994, copy of which has been filed as Annexure -1 to the writ petition, the Rules, Regulations and orders passed by the State Government under Article 309 of the Constitution of India are not applicable to the employees of the D.R.D.A. and their services including appointment as well as termination etc. would be governed by the Rules to be framed for the D.R.D.A. specifically at a future date.
(3.) RELIANCE has been placed by Sri A.B. Singh on a judgement of this Court dated 23.7.1998 passed in Writ Petition No. 8539 of 1989, Kapil Deo Singh vs. District Rural Development Agency and others wherein a learned Single Judge upon an examination of the Circular dated 17.3.1994 has held that in view of the specific provisions in Circular dated 17.3.1994 the petitioner is not a government servant and the Rules framed under Article 309 of the Constitution of India are therefore not applicable to him.;