Vrushsen Purushottam Pawar v. Deepak Singhla And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 65 WRIT PETITION NO.14229 OF 2018 WITH CA/1668/2019 IN WP/14229/2018 VRUSHSEN PURUSHOTTAM PAWAR ..PETITIONER

VERSUS

DEEPAK SINGHLA AND OTHERS ..RESPONDENTS ...

Mr. Ajay S. Deshpande, Advocate for the Petitioner. Mr. P. S. Patil, AGP for Respondents-State.

Ms. Surekha P. Mahajan, Advocate for the Applicant in CA/1668/2019.

Mr. Sushant V. Dixit, Advocate for Respondent Nos.1, 3 and 4.

Mr. Pravin G. Patil, Advocate for Respondent No.2. ...

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

DATED : 05th FEBRUARY, 2019.

PER COURT:- 1.

Leave to amend, at the request of the learned counsel for the petitioner.

2.

We have heard Mr. Deshpande, learned counsel for the petitioner, Mr. Dixit, learned counsel for respondent nos.1, 3 and 4 and Mr. Patil, learned counsel for respondent no.2.

3.

The learned counsel for the respective parties had argued at length.

(2) 4.

The petitioner is facing departmental enquiry. It would not be appropriate to stall the departmental enquiry, though there are allegations and counter allegations made. Some of the allegations are with regard to the documents said to have been submitted by the petitioner, so also opportunity not being given to the petitioner. 5.

In the present writ petition, it would not be possible to give any finding with regard to the genuineness of the documents and that also would be pre-empting the decision in the departmental enquiry. The departmental enquiry is initiated. It is expected that the departmental enquiry proceeds in free and fair manner. Naturally, the delinquent is entitled for the documents that are relied by the respondents in departmental enquiry, so also sufficient opportunity.

6.

It is submitted that on 21.01.2019 the petitioner was served with the chargesheet. Now it is submitted that the next date for enquiry is kept on 06.02.2019. The petitioner seeks reasonable time to file reply to the chargesheet.

7.

According to respondents the petitioner is served with the chargesheet in September, 2018. We need not go into the said debate. The reply to the chargesheet shall be filed within a period of three weeks from today. The respondents shall supply the

(3) documents relied in the departmental enquiry to petitioner.

8.

With regard to the chargesheet dated 15.09.2018 (Exhibit-K) as averred by the petitioner, the petitioner is at liberty to take appropriate steps before the appropriate forum. 9.

It is made clear that we have not dealt with the respective contentions of the parties on merits. They are open to be agitated.

10.

Writ Petition is disposed of. No costs.

11.

In view of the disposal of writ petition, the present civil application is disposed of. (A. M. DHAVALE) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-19