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Bombay High CourtWP/6573/2022dismissed

Yogesh Sopan Balki v. Innovative Textiles Limited, Butibori, Nagpur Thr. Its Plant Head/ Manager.

2022-10-19Hon'Ble Shri Justice Avinash G. Gharote2 pages

(1) 12wp6573.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6573 OF 2022 Yogesh Soipan Balki__ Vs. ___Innovative Textiles Ltd --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Aasavari Kale, Advocate for petitioners CORAM :

AVINASH G. GHAROTE, J.

DATE : 19/10/2022 1] Heard Ms. Kale, learned counsel for the petitioner.

2] The petition challenges the order dated 14.9.2022 passed by the learned Industrial Court refusing the interim relief of staying the further enquiry in respect of the charge-sheet dated 7.7.2022 issued against the petitioner.

3] It is contended by pointing out to the nature of charges at Ann P-1 (page 15) and the FIR (page 25), that there is discrepancy in respect of the place where the incident is alleged to have taken place and that is sufficient for the enquiry to be stayed.

4] I am afraid, I am not able to agree to the contention for the reason that the charge-sheet as well as FIR indicate that the petitioner is apprehended inside the

(2) 12wp6573.22 work place and therefore this cannot be a ground to scuttle the enquiry. The learned Industrial Court has held that there is a prima facie material found with the petitioner, which would indicate the involvement in the alleged misconduct and the FIR prima facie substantiate this position, considering which I do not see any reason to interfere in the impugned order dated 14.09.2022. The petition is therefore dismissed. No costs. JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: