Prashant Raghunath Sutar v. Rayat Shikshan Sanstha Thr. Secretary And ORS

LATA SUNIL PANJWANI LATA SUNIL PANJWANI Date: 2024.06.18 13:43:00 +0530 1 41 wp 10628.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No.10628 of 2022 Prashant Raghunath Sutar ...

Petitioner.

V/s.

Rayat Shikshan Sanstha Satara & ors.

...

Respondents.

Mr. Dhananjay D. Rananaware for the Petitioner. Mr. A.C. Bhadang, AGP for Respondent No.3.

Mr. Milind Deshmukh for Respondent Nos. 1 & 2. CORAM : NITIN JAMDAR, AND M.M. SATHAYE, JJ.

DATE : 12 June 2024.

P.C. :

The Petitioner has filed this Petition for a direction to Respondent Nos.1 & 2 - Educational Institution where the Petitioner is still working as a Teacher to defer the departmental enquiry in respect of charge-sheet dated 20 December 2021 till the conclusion of Special Criminal Case No.24/2018. The Petition is filed in August 2022 and is still pending. Though there is no interim order, the departmental enquiry has also not proceeded further since issuance of charge-sheet dated 20 December 2021. The counsel for the Petitioner submitted that this relief was sought in view of the apprehension of the Petitioner that his defence in the criminal trial would be prejudiced if the Petitioner files reply in the

2 41 wp 10628.22.doc departmental enquiry. Apart from the legal aspects, we are informed that trial has itself substantially proceeded and the main prosecution witness would complete evidence shortly.

2.

In the light of this position, it is not necessary for us to keep the petition pending. Observing that, if the Petitioner so requests, the next date in the departmental enquiry would be given post 19 August 2024, we dispose of the writ petition. (M.M. SATHAYE, J.) (NITIN JAMDAR, J.) L.S. Panjwani,P.S.