Amarnath Sidhayya Swami v. The Superintending Engineer And The Competent Disciplinary Authority And Another

903-WP-1307-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1307 OF 2022 AMARNATH SIDHAYYA SWAMI

VERSUS

THE SUPERINTENDING ENGINEER AND THE COMPETENT DISCIPLINARY AUTHORITY AND ANOTHER ...

Advocate for Petitioner : Mr. M. C. Swami Advocate for Respondents No.1 and 2 : Mr. Anil S. Bajaj ...

CORAM :

R. D. DHANUKA & S. G. MEHARE, JJ.

DATE :

05-05-2022 PER COURT :- 1.

By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the departmental enquiry against the petitioner as a sequel to the charge-sheet at Exhibit - 'D' dated 17.09.2021. 2.

The matter was on board on 27.01.2022, when this Court after hearing the learned counsel for the petitioner clearly indicated that this Court was not inclined to interfere with the departmental enquiry against the petitioner. This petitioner has already filed reply to the chargesheet before the inquiry officer.

903-WP-1307-22.odt 3.

This Court after considering the submissions made by the learned counsel for the petitioner that during the Covid time it would not be possible for the petitioner to remain present at Kalyan from Latur and thus the departmental enquiry was deferred for some time. This Court by way of last indulgence and considering the request of petitioner, granted time to the petitioner for deferring the inquiry for some time. The petitioner is not co-operating with the inquiry officer. We do not find any substance in the arguments advanced by the learned counsel for quashing and setting aside the enquiry.

4.

The writ petition being devoid of merit, stands dismissed. Interim relief passed by this Court stands vacated. No order as to the costs.

5.

Departmental enquiry shall be proceeded with and shall be concluded expeditiously.

( S. G. MEHARE ) ( R. D. DHANUKA ) JUDGE JUDGE rrd