Santosh Jagannath Jaybhay v. Indian Law Society And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4962 OF 2025 Santosh Jagannath Jaybhay ....Petitioner versus Indian Law Society & Ors.

....Respondents Mr. Anil V. Anturkar, Senior Advocate i/by Mr. Akshay S. Karlekar, Advocate for the Petitioner.

Mr. Y.S. Jahagirdar, Senior Advocate i/by Mr. S.S. Kanetkar, Advocate for Respondent No.1.

Mrs. Nisha Mehra, AGP for Respondent No.3.

CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.

DATE : 30th APRIL, 2025 P.C. :- 1.

The Management has entered its affidavit-in-reply and copies are supplied to the colleague Advocates. 2.

The learned Senior Advocate Shri. Anturkur instructed by Shri. Karlekar on behalf of the Petitioner, submits on instructions that the Petitioner is already searching for an accommodation. Since he was the Rector for almost 28 years and was occupying the

quarter, he would need little time of at least 10 days to move into another accommodation.

3.

The learned Senior Advocate Shri. Jahagirdar instructed by Shri. Kanetkar for the Management, submits that the Management will have no issue in extending time to the Petitioner to vacate the quarter up to 15th May, 2025.

4.

Considering the submissions of the learned Senior Advocates on behalf of the respective sides and the contention of the Petitioner that the issue of whether his suspension can be sustained be decided at the earliest, notwithstanding the continuance of the departmental enquiry, by consent, we are listing this Petition on 16th June, 2025 to be called out first after the 'fresh admissions' board, for dealing with the issue of the legality of the suspension. 5.

Insofar as the filing of the reply to the charge-sheet is concerned, we are informed that the Statute prescribes 21 days time to file a reply. The Petitioner was served with the charge-sheet on 28th March, 2025. He was expected to submit his reply within 21 days, till 19th April, 2025. He sought an extension. The same was

granted till 5th May, 2025. The learned Senior Advocate submits that some more time may be granted. As such, considering the fact situation, the Petitioner shall tender his written explanation to the charge-sheet on or before 15th May, 2025, failing which, the departmental enquiry would proceed without his reply. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.)