Bombay High CourtPIL/97/2014dispossed offdismiss for default

Court On Its Own Motion v. State Of Maharashtra, Through Its Secretary, Department Of General Administration, Mumbai And 5 Oth

2015-04-16Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

PIL97-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR PUBLIC INTEREST LITIGATION NO. 97/2014 (COURT ON ITS OWN MOTION VERSUS STATE OF MAH. & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Karode, counsel for the original petitioner. Mrs. B.H. Dangre, G.P. for the R-1 & 6.

Shri M.V. Bute, counsel for the R-2 to 5.

CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : APRIL 16 , 2015.

Since a long time was taken by the employer for completing the departmental enquiry, this Court had suo motu taken cognizance of the matter and asked the Government as to why enquiry should not be conducted by taking the assistance of the lawyers and ex-members of the judiciary, who understand their social responsibility and who have sufficient expertise, skill and knowledge for conducting departmental enquiries. This Court observed in the order dated 19.12.2014 that the question was posed in larger public interest and the State Government should inform the Court on the subsequent date of hearing why departmental enquiries could not be outsourced. Mrs.Dangre, the learned Government Pleader, states that by the Government Resolutions dated 26.05.2006 and 28.10.

2009, the Government has framed a policy for conducting the departmental enquiries by the Retired Officers of various departments on the terms and conditions mentioned in the Government Resolutions.

PIL97-14 Government in terms of the Government Resolutions dated 26.05.2006 and 28.10.2009. It is stated that the Government is trying to ensure that the departmental enquiries are completed within a reasonable time.

We are satisfied with the policy of the State Government, as is reflected from the two aforesaid Government Resolutions. Hence, we dispose of the public interest litigation by accepting the statement made on behalf of the Government. No order as to costs.

JUDGE JUDGE APTE