Praveen Prabhakarrao Jawale v. Maharashtra State Electricity Distribution Company Ltd, Mumbai And Another

1 Sr68WP2426.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 2426 OF 2015 Praveen S/o Prabhakarrao Jawale ... Petitioner

VERSUS

Maharashtra State Electricity Distribution Company Ltd. (MSEDCL) & Anr.

... Respondents ..........

Mr Ajay S. Deshpande , Advocate for the petitioner Mr A. D. Hande, Advocate h/f Mr Anil Gaikwad, Advocate for respondent No. 1 and 2 .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 26TH APRIL, 2018.

ORDER:

1.

It is not disputed by the learned counsel for the respondents that the charges in the Departmental Enquiry and the Criminal Case are one and the same.

2.

We have disposed of the Writ Petitions No. 4758 of 2014 with connected matters under order dt. 23.09.2015 involving similar issue & against the same respondents giving certain directions. We follow the same course.

2 Sr68WP2426.2015

ORDER

i.

We direct the court dealing with the criminal charges against the petitioner to conclude the proceedings as expeditiously as possible, and preferably within a period of one year from the date of this order.

ii.

The interim orders granting stay to the ongoing disciplinary proceedings in each of the case shall remain in force for a period of one year from the date of this order. iii.

In case the charge sheet is not filed or belatedly filed, the interim orders granting stay to the ongoing disciplinary proceedings in such case shall remain in force for a period of one year from the date of this order and the disciplinary proceedings initiated against the petitioner in those cases shall be resumed and concluded by the Enquiry Officer thereafter.

iv.

We hope and trust that the trial court will take effective steps to ensure that the witnesses are served, appeared and examined accordingly.

v.

The petitioners, who are accused in criminal case, shall cooperate with the trial court for early disposal of criminal proceedings.

vi.

In case, the trial is not completed within a period of one year from today, despite the steps which the trial court has

3 Sr68WP2426.2015 been directed to take, the disciplinary proceedings, initiated against the petitioner, shall be resumed and concluded by the Enquiry Officer.

vii. We make it clear that the interim orders staying ongoing disciplinary proceedings shall in that case stand vacated upon expiry of a period of one year from the date of this order.

viii. Registry may communicate this order to the concerned Courts, where the criminal prosecutions against the petitioner are pending.

3.

Writ Petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde