Dr Ramesh Ratanlal Asawa v. State Of Maharashtra And ORS
DDR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4078 OF 2011 Dr. Ramesh Ratanlal Asawa ..Petitioner Vs.
State of Maharashtra & ors.
..Respondents WITH CIVIL APPLICATION NO. 2635 OF 2014 IN WRIT PETITION NO. 4078 OF 2011 R.T. Kamble ..Applicant (Org. respondent No.7)
IN THE MATTER BETWEEN
Dr. Ramesh Ratanlal Asawa ..Petitioner Vs.
State of Maharashtra & ors.
..Respondents ............
Mr. S.C. Naidu, Counsel with Mr. Shaikh Nasir Masih for petitioner in WP/4078/2011.
Mr. Anil Sakhare, Senior Advocate a/w. B.V. Samant, AGP for State.
Mr. Amit Sale for respondent Nos.4 & 5.
Mr. Aditya Bhagat I/b. Ms. Pooja Thorat for respondent Nos.9 & 10.
............
CORAM : S.C. DHARMADHIKARI & M.S. KARNIK, JJ.
DATE : 30th JANUARY, 2019 1/4
P.C. :
This Writ Petition is filed by Dr. Ramesh Ratanlal Asawa, who was working as Chairman, Maharashtra State Board of Vocational Education Examination.
2.
He has challenged, inter alia, the disciplinary proceedings and the report of the Inquiry Officer. He is apprehending that such a report would be accepted and the penalty will be inflicted. The Show Cause Notice dated 4th November, 2010 has been challenged and prior thereto, it is stated that the inquiry is based on two reports which have been submitted by a Two Member Committee. The first report is dated 8th September, 2009 and the second report is dated 16th December, 2009.
3.
It is stated that the Inquiry Officer has also relied upon, inter alia, these reports and that is how his inquiry report dated 27th October, 2010 has been forwarded to the Disciplinary Authority. It recommended punishment against the petitioner. 2/4
That is why further show cause notice dated 4th November, 2010 is issued by the Disciplinary Authority.
4.
An order passed in companion Writ Petition (Writ Petition No.5492/2012) of Shri Vijay Punju Khairnar will also govern the outcome of this Petition. In addition, the Writ Petitioner is at liberty to raise all contentions by filing a reply to the Show Cause Notice in the event that is already not filed or, an additional reply, both of which shall be filed within 15 days from today.
5.
The petitioner can raise all contentions and can assail the contents of such reports as have been relied upon to initiate the disciplinary inquiry and to make a recommendation regarding penalty.
6.
We clarify that all contentions in that regard, particularly of the petitioner, are kept open. 3/4
7.
We dispose of this Writ Petition with the same directions as we have issued in the companion Writ Petition (Writ Petition No.5492/2012) and the same protection to this Writ Petitioner as well.
8.
Writ Petition is disposed of accordingly.
9.
In view of the disposal of the Writ Petition, nothing survives in the Civil Application. Civil Application is accordingly disposed of.
(M.S. KARNIK, J.) (S.C. DHARMADHIKARI, J.) 4/4