THE STATE OF MAHARASHTRA AND ORS vs DR. MRS. ARUNA P KATKE

1 WP-4239-2011 C2.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY 1. Rule was issued on 25.07.2011. Heard learned Additional Government Pleader for the Petitioner/State and learned counsel for the sole Respondent finally. 2. By this petition, the State is challenging the judgment and order dated 29.04.2011 passed by the Maharashtra Administrative Tribunal, Mumbai (for short, “the Tribunal”) in Review Application No.68 of 2010 in Original Application No.815 of 2008 (for short, “the said OA”). By the said impugned order, the review was allowed and dismissal order dated Husen 1/7 1 WP-4239-2011 C2.doc 16.11.2010 was set aside with certain directions. 3. The Respondent was appointed as a Medical Officer (Class-II) with the Petitioner at Service Dispensary ESIS, Vile Parle. The services of the Respondent were temporary. During an audit, misappropriation, shortage and excess of drugs was found, which resulted in suspension of Respondent on 22.02.1991 and initiation of Departmental Enquiry (for short, “DE”) on 16.03.1991. It is the case of the Petitioner that since the Respondent was temporary employee, the Petitioner could have terminated her services even without holding a DE, however in