Bombay High CourtWP/4610/2015dispossed offdismiss for default

Dr. Ashwini Kumar Vishnu v. The Berar Education Society, Through Its Honarary Secretary And Another

2016-01-28Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

WP4610-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4610/2015 (DR.ASHWINI KUMAR VISHNU VERSUS THE BERAR GENERAL EDUCATION SOCIETY, AKOLA & ANR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Kshirsagar, counsel for the petitioner. Mrs. Renuka S. Sirpurkar, counsel for the respondents. CORAM : SMT.VASANTI A. NAIK AND A.S. CHANDURKAR, JJ.

DATE : JANUARY 28 , 2016.

By this petition, the petitioner challenges the order of the respondent no.2, dated 30.04.2015, initiating the Departmental Enquiry against the petitioner.

According to the petitioner, the departmental enquiry is being conducted against the petitioner while the criminal prosecution is pending.

Since we were not inclined to quash and set aside the order initiating a departmental enquiry against the petitioner, the learned counsel for the petitioner states that the petitioner is ready to face the departmental proceedings but, since he had not filed a written statement, he may be granted an opportunity to file it. It is stated that the departmental proceedings are being conducted in the absence of the written statement and it would be necessary to grant an opportunity to the petitioner to file the written statement.

Mrs. Renuka Sirpurkar, the learned counsel for the respondents, states that if the written statement of the petitioner is not filed, the petitioner may be granted reasonable time to file the same. It is stated that the departmental proceedings could be conducted after the written statement is filed.

WP4610-15 In view of the statements recorded hereinabove, we dispose of the writ petition by permitting the petitioner to file the written statement within a period of three weeks. Order accordingly. No costs.

JUDGE JUDGE APTE