Mr. Shankar Ganpati Ghughare vs Chief Executive Officer, Zilla ...
2021 Latest Caselaw 3305 Bom

                                                                    14.11678.19-wp.odt


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by                CIVIL APPELLATE SIDE JURISDICTION
           Basavraj G.
Basavraj   Patil
G. Patil   Date:
           2021.02.23
           11:34:05                          WRIT PETITION NO.11678/2019
           +0530




                         Shankar Ganpati Ghughare                  ..... Petitioner

                                Vs.

                         Chief Executive officer,
                         Zilla Parishad, Solapur & Ors.            ..... Respondents


                         Mr. Kanishk Jayant with Ms. Antara Jayant with Mr. Nilesh
                         Mandavkar for the Petitioner
                         Mr. Vishwasrao S. Deokar for Respondent No.1.
                         Mr. Ravi P. Kadam, AGP for State


                                                    CORAM:    K.K.TATED &
                                                              RIYAZ I. CHAGLA, JJ.

DATED : FEBRUARY 22, 2021 P.C.

1 Heard. By this Petition under Article 226 of the Constitution of India, the Petitioner seeks to set aside the impugned order dated 07.05.2019 and subsequent order dated 10.05.2019 passed by Respondent Nos.1 and 2 respectively, suspending the Petitioner from his services.

2 The learned counsel for the Petitioner submits that the suspension order was dated 07.05.2019. He submits that Respondent No.3 has filed charge sheet on 20.08.2019. He submits that as per the Government Resolution dated 09.07.2019, and in view of the judgment of the Apex Court, in the matter of Ajay Kumar Choudhary Vs. Union of

Basavraj G. Patil 1/2 14.11678.19-wp.odt

India Civil Appeal No.1912/2015 dated 16.02.2015 , the suspension order is required to be set aside with direction to the Respondents to reinstate the Petitioner in service. He submits that as the Respondent has failed and neglected to take appropriate action within 90 days to serve charge sheet, he issued notice to the Respondent for setting aside the suspension order and as they failed and neglected to do so, he has filed the present Writ Petition.

3 The learned counsel for Respondent No.3 seeks some time to take instructions in respect of Government Resolution dated 09.07.2019 issued by the Respondent State.

4 Considering these facts, the following order is passed:

a. The Respondent No.3 to file Affidavit in Reply, on or before 01.03.2021, with copy to other side.

b. Rejoinder, if any, shall be filed on or before 03.03.2021, with copy to other side.

       c.      S.O. to 05.03.2021.




(RIYAZ I. CHAGLA, J.)                       (K.K.TATED, J.)




Basavraj G. Patil                                                  2/2