Sanjay Pralhadrao Wankhade vs The State Of Maharashtra, Through ...
2022 Latest Caselaw 4660 Bom

                                                                                  18 WP-659-2021.odt
                                                   1

  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            NAGPUR BENCH, NAGPUR.
                     WRIT PETITION NO.659 OF 2021

             PETITIONER                  :          Sanjay Pralhadrao Wankhade,
                                                    Aged - 57 years. Occupation -
                                                    Service as Head Master Grade-A, at
                                                    Zilla Parishad School, Bhankhed
                                                    Khurd, Tah. & District Amravati.

                                                    ..VERSUS..

             RESPONDENTS : 1. The State of Maharashtra,
                              Through    its  Secretary,  Ruler
                              Development           Department,
                              Mantralaya, Mumbai-32.
                Amended as per order             2. Shri. Amol Yedge,
                of this Hon'ble Court
                as on 03.02.2021.                   The Chief Executive Officer, Zilla
                                                    Parishad, Amravati

                                                 3. Shri. E. J. Khan,
                                                    The      Education           Officer,         Zilla
                                                    Parishad, Amravati
                Amended     as   per             4. Shri. Avishyant Panda,
                order          dated
                28.02.2022.                         CEO, ZP Amravati.
-------------------------------------------------------------------------------------------
             Shri. Y. P. Kaslikar, Advocate for Petitioner.
             Ms. H. N. Jaipurkar, AGP for Respondent No.1.
             Shri. S. S. Shinde, Advocate for the Respondent Nos.2 and 3.
------------------------------------------------------------------------------------------------------------

                        CORAM                :     SUNIL B. SHUKRE AND
                                                   SMT. M. S. JAWALKAR, JJ.

                        DATE                 :     2nd MAY, 2022.


            ORAL JUDGMENT : (Per : Sunil B. Shukre, J.)



            .             Heard.
                                                18 WP-659-2021.odt

2. Rule. Rule made returnable forthwith. Heard

finally by consent of the parties.

3. By this petition, the Petitioner has primarily

questioned the departmental enquiry proceedings on

the ground that there has been inordinate delay in

completion of the departmental enquiry, and

therefore, this delay has vitiated the departmental

enquiry proceedings.

4. It is seen from the record that the Petitioner

had earlier filed a Writ Petition No.6867 of 2019

raising the very issue of delay and while disposing of

this petition by judgment dated 17.02.2020, this

Court directed that the departmental enquiry be

concluded and the order of punishment, if any, be

passed and communicated to the Petitioner within a

period of three months. This direction was issued by

this Court on the basis of undertaking given by the

Zilla Parishad, Amravati. This Court also directed that

if enquiry was not concluded within three months

from the date of the judgment, the Respondent No.2

would have to pay cost of Rs.1,000/- (One Thousand

Only) for each day of delay. Now, the Petitioner has 18 WP-659-2021.odt

sought quashing of the departmental enquiry

proceedings on account of inordinate delay which has

been caused in conclusion of the same in-spite of the

specific direction given by this Court on 17.02.2020.

5. While issuing notice to the Respondents, this

Court made it clear that notice could not be issued on

the question of quashing of the departmental enquiry

proceedings and it could be issued only for

considering the other aspect of enhancing the

penalty amount for delayed completion of enquiry.

6. Now, during the pendency of this petition,

the enquiry has been completed on 07.12.2021 and

the detailed reasons have also been given by the

Zilla Parishad for the delay in completion of the

enquiry. The reasons are attributable to the difficulty

faced by the Government employees to attend the

enquiry proceedings as witnesses on account of

Covid restrictions which came into force from March

2020 and which were in existence for long period of

time.

7. Considering the prevalence of Covid

pandemic, a factor which was not within the control 18 WP-659-2021.odt

of Zilla Parishad and also the fact that no notice has

been issued on the point of quashing of departmental

proceedings on the ground of delay, we do not think

that the delay caused in completion of the

departmental enquiry could be considered actually as

delay in terms of judgment dated 17.02.2020 passed

in Writ Petition No.6867 of 2019. If that is the case,

we do not find any merit in this petition. The petition

stands dismissed. Rule is discharged.

8. We, however, make it clear that the Zilla

Parishad, Amravati would have to release all the

pensionary benefits to the Petitioner after execution

of the order passed in the departmental enquiry

proceedings on 07.12.2021, immediately.

9. We also grant liberty to the Petitioner to

question the legality and correctness or otherwise of

the order dated 07.12.2021 passed in the

departmental enquiry proceedings held against him

in accordance with law.

                   (JUDGE)                             (JUDGE)
 TAMBE
                     Digitally signed by
         ASHISH      ASHISH
         ASHOKRAO    ASHOKRAO TAMBE
                     Date: 2022.05.04
         TAMBE       16:36:01 +0530