1 WRIT PETITION NO.3690 OF 2008 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3690 OF 2008 Shri Shaligram Deoram Vadile : Petitioner versus The State of Maharashtra and ors. : Respondents. Mr. Anil S Garde for the Petitioner. Mr. V S Gokhale AGP for Respondent Nos.1 and 2. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 06th August 2010 P.C. 1 The above Petition, filed under Article 226 of the Constitution of India, takes exception to the Judgment and Order dated 2.1.2008 passed by the Maharashtra Administrative Tribunal. By the said Judgment and Order, the Original Application filed by the Petitioner came to be dismissed. 2 The Petitioner was an Assistant Police Inspector and was charged with misconduct of insubordination on account of the fact that he has abused and physically assaulted one Mr.Mitke, who was his superior officer being a Police Inspector. Departmental Enquiry was held. Pursuant to which, punishment of dismissal came to be imposed on the Petitioner. The Petitioner thereafter filed a departmental Appeal, which came to be dismissed. Thereafter the Petitioner filed Original Application No.176 of 2007 in the Maharashtra Administrative Tribunal. The Tribunal, taking into consideration the charge of misconduct alleged against the Petitioner and the findings of the Inquiry Officer, did not find it appropriate to 2 WRIT PETITION NO.3690 OF 2008 interfere with the punishment imposed on the Petitioner and therefore by its Judgment and Order dated 2.1.2008 dismissed the Original Application. 3 We have perused the impugned Judgment and Order of the Tribunal. We are satisfied that for cogent reasons, which have been recorded in the order, the Tribunal has rejected the said Original Application No.176 of 2007. 4 The contention of the learned counsel for the Petitioner that the punishment imposed by the authorities may be lowered down to a lesser punishment. In the instant case, we do not find the punishment shockingly disproportionate so as to lower the punishment. The departmental authorities having come to the conclusion that the misconduct is proved, it was for the departmental authorities to impose the appropriate punishment. We are satisfied that the punishment is also not disproportionate to the misconduct alleged against the Petitioner. We, therefore, do not find any reason to interdict in the above Petition. The above Petition is accordingly dismissed. The Petitioner may be paid the dues, if any, if they have remained unpaid, within a period of six weeks from date. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]