W.P. No. 2383 of 2009. Case: Dattatray Atmaram Ganfade Vs District Superintendent of Police and Ors.. High Court of Bombay (India)
| Case Number | W.P. No. 2383 of 2009 |
| Counsel | For Appellant: K.D. Deshpande, Adv. and For Respondents: T.A. Mirza, A.G.P. |
| Judges | J.P. Devadhar and A.B. Chaudhari, JJ. |
| Issue | Maharashtra Civil Services (General Conditions of Service) Rules, 1981 - Rule 15(2); Constitution of India - Article 226 |
| Citation | 2011 (3) AllMR 233, 2011 (5) BomCR 345, 2011 (129) FLR 692, 2011 (2) MahLJ 255 |
| Judgement Date | October 18, 2010 |
| Court | High Court of Bombay (India) |
Judgment:
A.B. Chaudhari, J.
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Rule. Rule returnable forthwith. Heard finally with the consent of learned Counsel for the rival parties.
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In Original Application No. 1045 of 1993, Maharashtra Administrative Tribunal, Nagpur, at the instance of the Petitioner, who was the Applicant therein, has quashed and set aside his termination order dated 18-6-1993, refused to grant backwages and ordered the Respondents to reinstate the Petitioner on production of medical fitness certificate from the Civil Surgeon, Chandrapur.
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Learned Counsel for the Petitioner assailed the impugned order made by the Maharashtra Administrative Tribunal on the ground that the Tribunal having found the termination order dated 18-6-1993 made by Respondent No. 1/Superintendent of Police, Chandrapur, as well as the appellate authority being illegal, rightly quashed and set aside the same. According to him, the Tribunal was however not justified in making a further order vide Clause (b) of operative order in para 43 of the judgment to incorporate a condition that the Applicant shall produce a medical certificate from Civil Surgeon, Chandrapur and therefore that part of the order is wrong and illegal. He further argued that in the light of the letter dated 3-7-2010 (Annexure 6) and another letter dated 19-7-2010 the Petitioner is ready to accept the proposal and is also ready not to press his challenge regarding refusal of backwages. The learned A.G.P. relied on Rule 15(2) of The Maharashtra Civil Services (General Conditions of Service) Rules, 1981 and argued that the direction in the said Clause (b) of operative part of the judgment in para 43 is in accordance with the said Rule and therefore no fault could be found out with the order of the Tribunal.
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We have carefully examined the order impugned before us so also the submissions made by the learned Counsel for the parties. At the outset, we find that Rule 15(2) of Maharashtra Civil Services (Conditions of Service) Rules, 1981 has absolutely no application in the instant case and the same relates to the persons who are newly appointed and after completion of six months temporary service they are required to be re-engaged. In the instant case, the termination of services of the...
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