Jyoti Khanderao Kulkarni Alias Jyoti Subhash Joshi v. The State Of Maharashtra And Others

902 WP.2561.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

902 WRIT PETITION NO.2561 OF 2021 WITH CA/10454/2021 IN WP/2561/2021 SOW. JYOTI KHANDERAO KULKARNI @ JYOTI SUBHASH JOSHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Vivek J. Dhage. AGP for Respondent No.1 : Mr. S. G. Sangle.

Advocate for Respondent No.3 : Mr. S. S. Bora. ...

CORAM :

RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.

DATE :

09th February, 2023.

Per Court:

1.

The learned advocate for the petitioner submits that in an identical set of facts concerning a co-employee, who is accused in the same Regular Criminal Case No.443 of 2022, this Court has passed an order on 18th January, 2023 in the said Writ Petition No.6719 of 2020 (Syed Tajuddin Sayed Yousufuddin Vs. The State of Maharashtra and others). Pursuant to the said direction, even the present petitioner has received the notice from the Enquiry Officer and the next date for holding the enquiry session is 21st February, 2023 at 11:00 am. The learned advocate for the petitioner, therefore, submits that in the light of the above, this petition may be disposed off by issuing the same direction that the enquiry should be concluded, on or before 30th June, 2023.

902 WP.2561.2021.odt 2.

In view of the above, this petition is disposed off. Needless to state, the enquiry would be concluded expeditiously, but not in undue haste, on or before 30th June, 2023. The petitioner as well as the Corporation assure the Court that they would render whole hearted cooperation to the Enquiry Officer.

3.

Considering the order dated 18th January, 2023 passed in Writ Petition No.6719 of 2020, it is expected that the trial in Regular Criminal Case No.443 of 2022, would be concluded, on or before 31st January, 2024.

4.

All the contentions of the litigating parties and the remedies available, are kept open, with regard to the disciplinary proceedings as well as the criminal proceedings. 5.

Pending civil application stands disposed off. [ SANJAY A. DESHMUKH, J. ] [ RAVINDRA V. GHUGE, J. ] nga