Narrmada Aatmaram Raut v. The State Of Maharashtra Through Its Principal Secretary And Others

2023:BHC-AUG:25882-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 WRIT PETITION NO.14376 OF 2023 NARRMADA AATMARAM RAUT

VERSUS

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

Mr A. R. Syed, Advocate for Petitioner;

Mr P. K. Lakhotiya, A.G.P. for Respondent Nos.1 to 3 Mr P. S. Patil, Advocate for Respondent Nos.4 & 5 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 7th December, 2023 PER COURT:

1.

We have considered the submissions of the learned Advocates for the respective sides.

2.

It is brought to our notice that, after the purported misdeed of the Petitioners were noticed, the Authorities have been able to unearth a wide compass of misdemeanors by employees of the Zilla Parishad. Some of the employees in service in Mantralaya are also involved. According to the learned A.G.P., the issue is likely to snow ball into a scam.

(2) 3.

Time and again, the Hon'ble Supreme Court has held that, the Court should not step into the shoes of the Enquiry Officer and assess, whether the contents of the charge-sheet deserve a departmental enquiry or not, save and except, in cases, wherein an unauthorized person has issued the charge-sheet or the charges set out are so stale that, they would shock the judicial conscience of the Court.

4.

We have perused the Application tendered by the Petitioner, dated 22/05/2023, addressed to Respondent No.5/Education Officer, Zilla Parishad, Nandurbar, seeking certain documents in connection with the charge-sheet. We direct the said Authority to prepare the copies of the said documents and under due attestation, tender the same to the Petitioner within 15 days from today. Thereafter, the Petitioner agrees to file a detailed reply to the charge-sheet within 15 days. After this is done, we direct the Competent Authority to appoint an Enquiry Officer, if not yet appointed, and commence the enquiry in the case of the Petitioner.

5.

Let there be a serious endeavour on the part of the Enquiry Officer and the Authorities to conclude the enquiry

(3) within a period of 9 months, from the date of the reply of the Petitioner. In the event, the Authorities fall short of time, they are at liberty to move an Application for extension. 6.

With the above observations, this Writ Petition is disposed off.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk