Shri. Bandu Sitaram Ragit v. The State Of Maharashtra, Through Its Secretary, Tribal Development Department And Others

wp4100.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4100 OF 2015 Bandu Sitaram Ragit -vsThe State of Maharashtra, thr.its Secretary, Tribal Development Deptt. and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. P. J. Mehta, counsel for the petitioner.

Mr. D.B. Patel, AGP for the respondent Nos.1 to 3. CORAM : SMT. VASANTI A. NAIK & A. I. S. CHEEMA, JJ.

DATE : 20.10.2015.

By this petition, the petitioner challenges the order of suspension dated 15/04/2015.

According to the petitioner, the respondents have suspended the petitioner indefinitely and have not commenced the departmental enquiry against the petitioner. It is stated that it is well settled that the suspension cannot be indefinite and the same is liable to be revoked, if the departmental enquiry is not conducted within a reasonable time.

Shri Patel, the learned Assistant Government Pleader appearing on behalf of the respondents, states on instructions that an enquiry is proposed against the petitioner and the petitioner is served with a charge-sheet. It is stated that if the decision to continue the departmental enquiry is taken, the enquiry would be conducted within a reasonable time.

Shri Mehta, the learned counsel for the petitioner, states that the petitioner is due for retirement within a period of six months and a direction may be issued to the respondents to complete the enquiry within a short time, if at all the respondents are desirous of conducting an enquiry against the petitioner.

wp4100.15 2/2 In the aforesaid circumstances, we dispose of the writ petition with a direction to the respondent Nos.2 and 3 to complete the departmental enquiry against the petitioner within a period of six months, if at all the respondents decide to conduct the enquiry against the petitioner. The respondents should pay the subsistence allowance to the petitioner regularly. The petitioner is expected to cooperate in the enquiry proceedings, if they are initiated. . Order accordingly. No costs.

JUDGE JUDGE KHUNTE