VASANT RAGHUNATH GOKHALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(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:

(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: