Heard learned advocate for the petitioner.
Learned advocate for petitioner has invited this court's attention to the substantive contention raised before the Appellate Authority in respect of serious infirmities in the inquiry conducted by Mamlatdar before imposing punishment. The inquiry, which was conducted was not in presence of the present petitioner nor was he given an opportunity to question the persons, whose statements were recorded by the Circle Officer. It is also not clearly coming on record as to whether the persons, whose statements are recorded, were also examined by Mamlatdar or were they offered to be examined by petitioner.
In view of this submission, there exists a prima-facie case for remanding matter to the Mamlatdar, however, as original complainant is also joined as party respondent, this court is of the view that let there be a Rule returnable on 09.04.2012. The respondents are expected to file affidavit-in-reply, if any, or else on the returnable date, the court would pass order on merits disposing of the petition without granting further time to respondents.
(S.R.BRAHMBHATT, J.) pallav Top