Case Note & Summary
The petitioner, Manohar Ganpatrao Kapsikar, a retired Executive Engineer, filed a writ petition challenging the judgment of the Maharashtra Administrative Tribunal dated 04.03.2008, which dismissed his Original Application No.1127/1993. The petitioner sought quashing of the censure order dated 20.03.1992 issued by the respondent State of Maharashtra. The petitioner had served as Executive Engineer in the Jayakwadi Project from September 1971 to March 1974. After his transfer, he handed over charge to his successor. In 1992, nearly 18 years later, a censure order was passed against him for alleged irregularities during his tenure. The petitioner superannuated on 31.03.1992, and the censure order did not affect his retiral benefits or cause monetary loss. However, he sought to have the blot of censure removed. The court considered the staleness of the allegations and the disproportionate nature of the punishment. The court noted that the petitioner was 84 years old and litigating to restore his honour. The court held that the censure order was based on stale allegations and was disproportionate, and thus quashed the order. The writ petition was allowed, and the impugned order of censure was set aside.
Headnote
A) Service Law - Censure Order - Proportionality - Censure order dated 20.03.1992 passed against petitioner, a retired Executive Engineer, for alleged irregularities during 1971-1974 - Court held that the punishment of censure was disproportionate and the allegations were stale, warranting quashing of the order - Held that the order of censure is set aside (Paras 1-10).
Issue of Consideration
Whether the order of censure dated 20.03.1992 passed against the petitioner, a retired Executive Engineer, was sustainable in law, considering the allegations were stale and the punishment was disproportionate.
Final Decision
The writ petition is allowed. The impugned order of censure dated 20.03.1992 is quashed and set aside. Rule is made absolute in those terms.
Law Points
- Censure order
- proportionality
- stale allegations
- natural justice
- service law
- disciplinary proceedings
