JUDGEMENT
MANGESH S.PATIL, J. -
(1.)Heard. Rule. The Rule is made returnable forthwith. Learned A.G.P. waives service for the respondent Nos. 1 and 2. The learned advocate Mr. Sonwane waives service for the respondent No. 3. At the request of the parties the matter is heard finally at the stage of admission.
(2.)The petitioner is aggrieved by the order of his dismissal from the employment of the respondent No. 3 Zilla Parishad pursuant to a Disiplinary Proceeding under the provisions of the Maharashtra Zilla Parishads District Services (Discipline and Appeal) Rules, 1964 (hereinafter 'the Rules '), having been found guilty of two charges, firstly, of persistent absenteeism and, secondly, for forging signature of the Medical Officer of the Primary Health Centre where he was working as a Junior Assistant (Clerical grade) and on his own salary certificate, to enable him to stand as a surety for one Dnyaneshwar Vairale. His statutory appeal under the Rules and even the Revision has been dismissed by the judgments and orders impugned in this Writ Petition.
(3.)The learned advocate Mr. Patil for the petitioner submitted that the Disciplinary Enquiry was not conducted fairly. Principles of natural justice were not followed. Plausible explanation was given by the petitioner for his absenteeism. He was suffering from jaundice and had to be hospitalized and therefore he could not submit any leave application. His mother had informed the Medical Officer such a cause for his absence and since such absence was not willful as has been laid down in the case of Krushnakant B. Parmar Vs. Union of India and Anr. 2012 AIR SCW 1633, he could not have been held guilty for Charge No. 1.
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