Motilal Chunilal Bainade vs Union Of India Through Secretary ...
2021 Latest Caselaw 10112 Bom

                                       1                              ca 7256.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

             3 CIVIL APPLICATION NO.7256 OF 2021
                             IN
                        WP/3583/2019

                  MOTILAL CHUNILAL BAINADE
                            VERSUS
        UNION OF INDIA THROUGH SECRETARY AND OTHERS
                              ...
       Advocate for Applicant: Mr. Patil Paresh B.
          Standing Counsel for Respondent No. 1:
                     Mr. Bhushan Kulkarni
            Advocate for Respondents No. 2 & 3:
             Mr. Amar Soman h/f. Mr. D. V. Soman
                              ...

                               CORAM: S. V. GANGAPURWALA &
                                      R. N. LADDHA, JJ.

                               DATE:       02nd AUGUST, 2021

 PER COURT:

1. Mr. Patil, learned Counsel for the petitioner

submits that because of the pandemic the trial

could not be concluded and now only two witnesses

are remained as such time be extended.

2. Mr. Soman, learned Counsel for respondents

no. 2 and 3 opposes the request and submits that

this is 3rd application for extension.

                                           2                                    ca 7256.2021

 3.       We      had          stalled        the      departmental                enquiry

 against          the          petitioner        under        the      judgment           and

order dated 02.08.2019 for a period of 1 year on

the ground that criminal prosecution is pending.

Subsequently because of the pandemic, pursuant to

the civil application filed by the petitioner we

extended the time by 6 months twice.

4. We are not inclined to exercise our writ

jurisdiction, more particularly, when the enquiry

was stalled for a period of 1 year only. We had

also observed that if the prosecution is not

concluded within 1 year, the respondent can

proceed further with the enquiry. We are not

inclined now to further entertain the present

civil application.

5. Civil Application is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]

marathe