Bapu Laxman Pawal And Another v. The State Of Maharashtra Through Its Sercretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO.9838 OF 2022 BAPU LAXMAN PAWAL AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. D.R. Irale Patil AGP for Respondent Nos. 1 and 2: Mr. S.K. Tambe Advocate for Respondent No.3 : Mr. P.D. Suryawanshi .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 4th JANUARY, 2023.

PER COURT :- 1.

Leave to correct the name of petitioner No.2. Correction be carried out forthwith.

2.

This matter was heard for some time.

3.

The petitioners, who were suspended, have already been reinstated. It is only that they are not being allotted specific duties considering the serious charges levelled against them and the pending enquiries.

4.

The learned A.G.P. has taken instructions from Shri Lahoti, the Assistant Commissioner (Enquiry) from the office of the Divisional Commissioner, Aurangabad that the enquiry against these two petitioners would be completed by following the due procedure laid

wp98382.22 -2down in law and subject to the wholehearted cooperation of the petitioners, within three months.

5.

The learned advocate for the petitioners, therefore, submits that this petition may be disposed off by recording the statement made by the learned A.G.P.. In the event any adverse conclusions are drawn in the enquiry, the petitioners would be at liberty to challenge such adverse findings.

6.

The learned A.G.P. further submits that the criminal proceeding in the form of a criminal trial is pending against both the petitioners. The learned advocate for the petitioners submits that both the petitioners would render wholehearted cooperation in the enquiries being conducted by the office of the Divisional Commissioner, Aurangabad so as to enable the office to complete the enquiries, within three months. 7.

In view of the above, this petition is disposed off. 8.

Let the competent authority deliver its verdict in the enquiries being conducted against the petitioners, on or before 15.3.2023. In the event of any adverse conclusions drawn or any adverse orders passed against the petitioners, they would be at liberty to seek redressal of their grievance by availing of a remedy as is prescribed in law. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/