Ashok Govindrao Kendre vs Maharashtra State Electricity ...
2021 Latest Caselaw 1868 Bom

                                                                                        980
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD
                        980 WRIT PETITION NO.11094 OF 2017

                    ASHOK GOVINDRAO KENDRE
                                 VERSUS
     MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD
          THROUGH ITS MANAGING DIRECTOR AND ANOTHER
                                   ...
            Advocate for Petitioner : Mr. Deshpande Ajay S.
              Advocate for Respondents :Mr. Anil S. Bajaj


                                    CORAM   : S. V. GANGAPURWALA &
                                              SHRIKANT D. KULKARNI, JJ.
                                    DATE    : 28th January, 2021
ORDER:

1. We have heard Mr. Deshpande, the learned counsel for the

petitioner and Mr. Bajaj, the learned counsel for the respondents.

2. Grievance of the petitioner is that for the charges framed under

departmental enquiry, criminal prosecution is also lodged and it is

pending.

3. It is submitted that Charge Nos. 1, 2 and 6 in the departmental

enquiry are not concerned with the criminal prosecution lodged against the

petitioner.

4. Reliance is placed on the judgment and order dated 10 th February,

2017 in Writ petition No. 1021/20017 by Mr. Bajaj, the learned counsel

for the respondents.

5. In light of the aforesaid judgment, we follow the same course.

6. The respondents may continue with the departmental enquiry in

respect of charge Nos. 1, 2 and 6.

7. With regard to charge nos. 3 to 5 and 7, the same shall be stayed

for a period of one year.

8. In respect of charges 3 to 5 and 7, the orders, passed in writ

petition No. 4785 of 2014 with other writ petitions, reproduced below,

shall operate.

I. We direct the court dealing with the criminal charges against the

petitioner to conclude the proceeding as expeditiously as possible

and preferably within a period of one year from the date of this

Order.

II. The interim orders granting stay to the ongoing disciplinary

proceedings shall remain in force for a period of one year from the

date of this order.

III. In case the charge sheet is not filed or belatedly filed, the interim

orders granting stay to the on going disciplinary proceedings shall

remain in force for a period of one year from the date of this order

and the disciplinary proceedings initiated against the petitioner shall

be resumed and concluded by the enquiry officer, thereafter.

IV. We hope and trust that the trial court will take effective steps to

ensure that the witnesses are served, appeared and examined

accordingly.

V. The petitioner, who is accused in criminal case, shall cooperate with

the trial court for early disposal of criminal proceedings.

VI. In case, the trial is not completed within a period of one year from

today, despite the steps which the trial court has been directed to

take, the disciplinary proceedings, initiated against the petitioner

shall be resumed and concluded by the Enquiry Officer.

VII. We make it clear that the interim orders staying ongoing

disciplinary proceedings shall in that case stand vacated upon expiry

of a period of one year from the date of this order.

VIII.Registry may communicate this order to the concerned Court, where

the criminal prosecution against the petitioner is pending.

9. Writ petition disposed of. No costs.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.)

JPC