BEFORE HON’BLE THE MAHARASHTRA ADMINISTRATIVE TRIBUNAL

AT BOMBAY BENCH AT NAGPUR

O. A. NO. 255/2019

APPLICANT :- PRABHAKAR BISANJI MESHRAM

VERSUS

RESPONDENTS :- STATE OF MAHARASHTRA AND TWO OTHERS

DRAFT PARA-WISE REPLY TO APPLICATION UNDER SECTION 19 OF

MAHARASHTRA ADMINISTRATIVE TRIBUNAL ACT, 1985

1. AS TO PARA NO. 1 - PARTICULARS OF APPLCANT- The contents of

this para are matter of record needs no reply.

2. AS TO PARA NO. 2 - PARTICULARS OF RESPONDENTS- The

contents of this para are matter of record needs no reply

3. AS TO PARA NO.3 - PARTICULARS OF ORDER AGAINST WHICH

APPLICATION IS MADE – The contents in this para are matter of record needs
no reply. However it is specifically submitted that Sub-Divisional Agricultural
Officer, Pandharkawda informed Jilha Beej Pramanikaran Adhikari, Akola vide
letter dated 23/04/2014 wherein it is informed that applicant was serving as Taluka
Krushi Adhikari, Zari Zamni between 22/06/2008 to 26/06/2012, where he has
not paid an amount Rs. 2,89,493/- to concerned supply agency and it is due against
applicant, which is also mentioned in No-due Certificate dated 22/04/2014 and by
No-enquiry Certificate dated 22/04/2014 it is informed that departmental enquiry
about non-payment of an amount of Rs. 2,89,493/- is proposed against the
applicant. Hence it is submitted that by letter from Div. Agri Jt. Director Amrawati
and Taluka Krushi Adhikari Zari Zamni departmental enquiry for misappropriation
and negligence in duty is proposed against applicant.

4. AS TO PARA NO. 4 and 5 – The contents in this para are matter of record
needs no reply.

5. AS TO PARA NO. 6 – FACTS OF THE CASE – As to sub-para 1 of this

para – that above named applicant is the citizen of India and presently residing at
above address is matter of record needs no reply however it is specifically denied
that he is entitled for grant and release of all the retirement benefits due and
admissible to him. It is further submitted that as departmental enquiry is proposed
against the applicant for misappropriation of funds and negligence in duties, and the
same is communicated to AG office Nagpur vide letter dtd 7/11/2014 along with
original PPO,GPO & CPO with Non-Payment certificate, as directed by above
named office vide its letter dated 20/08/2014. It is further submitted that applicant
is not appearing before this bench with clean hands and suppressing that he was
getting provisional pension since retirement for a period of Six months initially,
which was extended from 1st Dec, 2014 till the end of Departmental Enquiry.

Reply to the sub-para 1 under captioned heading Facts – that the applicant
was regular, confirmed and permanent employee of the respondent department of
Agriculture, Animal Husbandry, Dairy and Fishiries and was initially posted at
Murnad Taluka Murnad Dist Raigad is not disputed.

As to sub-para 2 under captioned heading Facts – the contents of this para

denied being false. It is submitted that the applicant was alleged with
misappropriation of funds collected as public contribution (Lokwata) and the same
is not paid to concerned suppliers, while the applicant was posted as Taluka Krushi
Adhikari, Zari Zamni. It is further submitted that the applicant is not with clean
hand departmental enquiry is proposed is well within the knowledge of applicant
and was suppressed from this hon’ble court. It is pertinent to note here that
applicant sent letter to Jilha Adhikshak Krushi Adhikari dated 18/06/2014 wherein
he has prayed to release amount excluding retirement/death gratuity amount ,
Commuted Value amount and amount of Rs. 2,89,493/- due against him.

As to sub-para 3 under captioned heading Facts – the contents of this para

are matter of record needs no reply.

As to ssub-para 4,5 and 6 under captioned heading Facts – the contents of

these para are denied in toto being false and frivolous.

6. AS TO PARA 7 – DETAILS OF THE REMEDIES EXHAUSTED – The

contents of this para are denied in toto.

7. AS TO PARA 8 – MATTER NOT PREVIOUSLY FILED OR PENDING

WITH ANY TRIBUNAL – its matter of record and needs no reply.

8. AS TO PARA 9 – RELIEFS SOUGHT – prayer clause 1 and 2 are denied

in toto.

9. AS TO PARA 10, 11, 12 & 13 – its matter of record needs no specific reply.

10. FURTHER SUBMISSION – It is specifically submitted that applicant was

retired from office of Jilha Beej Pramanikarran Yantrana, Akola as Jilha Beej
Pramanikaran Adhikari – 1 on 31/05/2014. Earlier the applicant was serving as
Taluka Krushi Adhikari, Zari Zamni between 22/06/2008 to 26/06/2012, while
applicant was serving there he is being accused of not paying an amount of Lokwata
of Rs. 2,89,493/-. Hence sub-divisional agricultural officer Pandharkawda has
issued certificate to that effect and in this regard and by letter from Div. Agri Jt.
Director Amrawati and Taluka Krushi Adhikari Zari Zamni departmental enquiry
for misappropriation and negligence in duty is proposed against applicant.

It is further submitted that respondent has paid retirement benefits like GPF,
LEAVE ENCASHMENT AND GROUP INSURANCE to the tune of
Rs.26,25,083/- and in addition to this applicant is also enjoying provisional pension
of Rs. 35,901/- Hence it is totally false that applicant is not getting any retirement
benefits. It is submitted that applicant has not come with clean hands and is
suppressing the facts about proposed departmental enquiry against him, which is
well within his knowledge and also suppressing that he has received GPF, LEAVE
ENCHASHMENT & GROUP INSURANCE in addition to provisional pension of
Rs. 35,901/-, hence application devoid of any merit and is liable to be rejected and it
be rejected with cost.

Respondent No. 3

SOLEMN AFFIRMATION

I ---------------------------------------------------------------- aged about ------- years, Occ. –

Service----------, R/o - ----------------------- do hereby verify the contents of reply in para
no. 1 to 10 above are true and correct to the best of my knowledge and information
available in records kept by this office and I also take oath and solemnly affirms
that the contents of this reply are true and correct and read over and explained to me
in vernacular, hence I sworn and signed this reply on ----- day of-----------, 2019 at
Nagpur.

-------------------------
I Know and indentify the deponent DEPONENT

Advocate