Punam Sureshrao Aundhakar v. Chief Executive Officer, Zilla Parishad, Amravati And Another

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.827 OF 2025 PUNAM SURESHRAO AUNDHAKAR VS CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD, AMRAVATI AND ANOTHER ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Anil Mardikar, Sr. Advocate a/b Mr. Y.P. Bhelande, Advocate for petitioner Mr. S.S. Shinde, Advocate for the respondent No.1 Mr. H.R. Dhumale, AGP for the respondent No.2/State -------------------------------

CORAM

: ANIL S. KILOR AND AJIT B. KADETHANKAR, JJ. DATE :

21.08.2025 1.

Heard.

2.

In the present writ petition, the petitioner is praying for quashing and setting aside the departmental enquiry dated 30.08.2022 initiated agaisnt the petitioner by the Chief Executive Officer (CEO), Amravati on the ground that it is barred by limitation.

3.

The petitioner contends that the enquiry ought to have been completed within six months, or at the most within one year; however, its continuation for a period of two years renders the proceedings vitiated.

4.

During the pendency of the present writ petition, the Enquiry Report was submitted to the Chief Executive Officer, who accepted the recommendations of the Enquiry Committee and consequently terminated the services of the petitioner.

5.

However, prior to filing of the petition, the report of nd.thawre

2/2 the Enquiry Committee submitted to the CEO and during the pendency of the present petition, the punishment came to be imposed. Thereupon, the CEO withheld the promotion of the petitioner for two years. The departmental appeal is provided against such punishment. 6.

In that view of the matter, since an alternate remedy by way of an appeal is available to the petitioner, a purpose would be served, if the petition is disposed of with liberty to the petitioner to file the appeal.

7.

Accordingly, the writ petition is disposed of with liberty to the petitioner to file appeal, as provided under the statute.

8.

Needless to mention, since the order imposing punishment was issued during the pendency of this petition, the limitation provided for filing of an appeal will commence from today.

9.

It is expected that if such appeal is filed as aforesaid, the same shall be decided by the Appellate Authority at the earliest and in any case within a period of five months from the date of filing of the same.

10.

All the points are kept open.

(AJIT B. KADETHANKAR, J.) (ANIL S. KILOR, J.) nd.thawre