Kiran Nivrutti Mhetre vs Maharashtra State Electricity ...
2021 Latest Caselaw 1869 Bom

                                                                             981wp13065
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            BENCH AT AURANGABAD
                        981 WRIT PETITION NO.13065 OF 2017

                      KIRAN NIVRUTTI MHETRE
                                 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. Shahane, the learned counsel for the petitioner

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

2. Grievance of the petitioner is that criminal prosecution is lodged

against the petitioner and for the same charges, departmental enquiry is

also initiated.

3. Reliance is placed by the learned counsel for the petitioner on the

judgment of the Court dated 23.09.2015 in Writ Petition No.4758/2014

with connected matters.

4. It is not disputed that evidence has not yet been recorded in the

departmental enquiry proceedings and the judgment dated 23.09.2015

in Writ Petition No.4758/2014 with connected matters referred to by the

petitioner is in respect of similarly situated candidates and against the

same respondents.

5. For the reasons recorded in the judgment dated 23.09.2015 in

981wp13065 Writ Petition No.4758/2014 with connected matters, we adopt same

course and pass following order.

O R D E R.

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

981wp13065 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.

6. Writ petition is disposed of accordingly. No costs.

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

JPC