Amit Samadhan Palwe vs Maharashtra State Electricity ...
2023 Latest Caselaw 1018 Bom

                                                                 33 wp3794-22.docx

                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
       Digitally
       signed by
                                      CIVIL APPELLATE JURISDICTION
       TRUSHA
TRUSHA TUSHAR
TUSHAR MOHITE
MOHITE Date:
       2023.02.01
       14:54:40
                                        WRIT PETITION NO. 3794 OF 2022
       +0530




                    Amit Samadhan Palwe                             ..... Petitioner

                             Vs.

                    Maharashtra State Electricity Dist.
                    Comp. Ltd. And Ors.                             ..... Respondents


                    Mr.Ashwin V. Sakolkar for the Petitioner

                    Mrs.A.R.S.Baxi for Respondent nos.1 to 3


                                             CORAM:     S.V.GANGAPURWALA, ACJ &
                                                        SANDEEP V. MARNE, J.

                                             DATED :    JANUARY 31, 2023

                    P.C.

                    1        We have heard the learned Counsel for the Petitioner and the

                    Respondents.


                    2        The FIR has been lodged against the Petitioner for the offence

punishable under section 7 of the Prevention of Corruption Act,

1988 in the year 2017. Thereafter, the departmental enquiry was

initiated against the Petitioner. The disciplinary authority imposed

punishment upon the Petitioner. The Petitioner filed Appeal. The

Appeal filed by the Petitioner is allowed. Punishment awarded is set

aside. Subsequently, the Petitioner is suspended on the same

charge.

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                                                    33 wp3794-22.docx


3        It is brought to our notice that the impugned suspension order

is also revoked by the employer.


4        The only question would be about the validity of the suspension

order. The criminal case was filed in the year 2017. Thereafter, the

departmental proceedings were initiated. The Petitioner was

exonerated in the departmental proceedings by the appellate

authority.

5 Subsequently, there was no cause for the employer to suspend

the Petitioner again on the same charge. In light of the above, we

hold that the impugned order of suspension is illegal. Consequences

shall follow.

6 The employer may take further course of action depending

upon the judgment that would be delivered in the criminal case filed

against the Petitioner .

7 Writ Petition is disposed of. No costs.

(SANDEEP V. MARNE, J)                       (ACTING CHIEF JUSTICE)




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