Gajanan Ramesh Kotlawar v. Maharashtra State Cooperative Tribal Devpt. Corp. Ltd., Nashik Thr. Managing Director And ANR.

2026:BHC-NAG:2421-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1371 OF 2026 Gajanan Ramesh Kotlawar Vs.

Maharashtra State Cooperative Tribal Development Corporation Ltd. & Anr. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. N.R. Saboo, Advocate for the Petitioner.

------------------------------- CORAM : ANIL S. KILOR AND R AJ D. WAKODE , JJ.

DATE : 12.02.2026 Heard Mr. N.R. Saboo, learned counsel for the petitioner. 2.

The petitioner, who is an employee of respondent No.1 - Corporation, has approached this Court seeking a direction to decide the application dated 27th January, 2026, which is at record page No.68 (Annexure-N). The said application was submitted to respondent No.1 - Corporation as well as respondent No.2 - Inquiry Officer. 3.

It is the contention of the petitioner that he is serving as Regional Manager in respondent No.1 - Corporation and is facing a departmental enquiry initiated against him on allegations of financial and administrative irregularities arising out of short-term financial transactions.

4.

Mr. Saboo, learned counsel for the petitioner, submits that similar allegations of financial irregularities were made against the petitioner and other officers of respondent No.1 - Corporation, pursuant to which FIRs were also registered. Thus, in substance, the allegations forming the basis

2/3 of the criminal prosecution and those in the departmental enquiry are the same.

5.

In view of the above, the petitioner submitted an application dated 27th January, 2026 to respondent No.2 - Inquiry Officer, seeking to keep the departmental enquiry in abeyance till the conclusion of the criminal trial, on the ground that continuation of the enquiry would compel him to disclose his defence and would seriously prejudice his rights in the pending criminal proceedings.

6.

Mr. Saboo, learned counsel, further submits that respondent No.1 has not yet decided the aforesaid application dated 27th January, 2026, and respondent No.2 is proceeding with the departmental enquiry, which is now kept on 16th February, 2026.

7.

In view of the above, we dispose of the present writ petition with a direction to respondent No.1 - Managing Director, Maharashtra State Cooperative Tribal Development Corporation Limited to decide the petitioner's application dated 27th January, 2026, which is at record page No.68 (Annexure-N), seeking to keep the departmental enquiry proceedings in abeyance till the conclusion of the criminal trial, on or before 16th February, 2026.

8.

The decision of respondent No.1 shall be taken in accordance with law and the judgments of the Hon'ble Apex Court governing the issue. The decision so taken shall be communicated to the petitioner within a period of two weeks from the date of decision.

3/3 9.

It is made clear that until the aforesaid application is decided by respondent No.1, respondent No.2 shall not proceed with the departmental enquiry. No costs. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 12/02/2026 20:13:48