Pankaj Bhanudas Hase v. Maharashtra Animal And Fishery Sciences University Through Its Vice Chancellor

(1) WP No.2201/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO. 2201 OF 2016 Dr. Pankaj Bhanudas Hase.

Petitioner.

Versus

Maharashtra Animal and Fishery Science University, Nagpur.

Respondents.

*** Mr. Kshitij Surve, Advocate for the petitioner. Mr. P.G. Rodge, Advocate for the respondent.

*** CORAM :

S.V. GANGAPURWALA & SUNIL K. KOTWAL,JJ.

Dated :

25th July, 2018.

FINAL ORDER :- .

Heard Mr. Surve, learned Counsel for the petitioner and Mr. Rodge, learned Counsel for the respondent. 2.

The petitioner seeks revocation of the suspension order dated 15.11.2014. The petitioner is suspended pursuant to the Criminal Case filed against the petitioner under Sections 354 and 376 of the Indian Penal Code. Departmental Enquiry is also initiated. It is submitted that the said Departmental Enquiry is stayed.

(2) WP No.2201/2016 3.

The petitioner relies on the Government Resolution dated 14th October 2011 to contend that it is more than two years the criminal case has been pending and as such the suspension can be revoked.

4.

It is further submitted that in the criminal trial, even 2 to 3 witnesses have been examined.

5.

Considering the above, we pass the following order. (i) The Respondent-Authority shall consider the case of the petitioner for revocation of suspension in tune with Clause 4-A of the Government Resolution dated 14th October 2011 (Exhibit 'E'). (ii) The petitioner shall make an application/representation with the Respondent-Authority. The Respondent-Authority shall take decision upon the application / representation of the petitioner for suspension of revocation, preferably within two months from the date of receipt of the application / representation, on its own merits. (iii) Writ Petition is disposed of. No costs.

( SUNIL K. KOTWAL) ( S.V. GANGAPURWALA) JUDGE JUDGE vdd/