Bombay High Court
State Of Maha., Thr. Addl Chief Secy., ... vs Kantappa Bhimaraya Khot on 30 January, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, Mukulika Shrikant Jawalkar
2024:BHC-NAG:1195-DB
1 69.WP.6943-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 6943 OF 2023
( State of Maharashtra, Thr. Its Additional Chief Secretary (Agriculture),
Agriculture, Animal Husbandry, Dairy Development & Fisheries
Development, Mantralaya,Mumbai & Ors.
Vs.
Kantappa Bhimaraya Khot )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mrs. K.R. Deshpande, AGP for the Petitioners/State.
Mr. R.N. Ghuge, Advocate for the Respondent.
CORAM: AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ.
DATED : 30th JANUARY, 2024
Heard Mrs. Deshpande, learned AGP for the
petitioners/State and Mr. Ghuge, learned counsel for the
respondent.
2. The petition questions the judgment dated
13.07.2023 passed by the learned Maharashtra Administrative
Tribunal, Nagpur (for short "MAT") in Original Application
No.1126/2022, while allowing the Original Application
directed the petitioners herein to promote the applicant on
temporary basis subject to outcome pending of departmental
inquiry by giving him deemed date of promotion from the
date on which the applicant's junior was promoted (page 86).
2 69.WP.6943-2023.odt
3. It is not in dispute, that the Departmental
Promotion Committee (for short "DPC") meeting was held on
05.07.2022 in which the respondent was selected for
promotion. Thereafter, a departmental enquiry has been
instituted against the respondent by issuance of charge-sheet
on 31.10.2022. The only plea raised by the State questioning
the judgment dated 13.07.2023 is the pendency of the
departmental enquiry.
4. Having considered the judgment of the learned
MAT dated 13.07.2023, since the DPC was already held
earlier in point of time on 05.07.2022 in which the
respondent was held eligible and selected for promotion and
since there is no time frame indicated by the State as to
within which the departmental enquiry would be completed
and as the respondent has given an undertaking in his
affidavit dated 25.01.2024 (page 103) that in case as a result
of the departmental enquiry, any punishment is imposed upon
him, the respondent shall not claim any benefits of
promotion, we therefore, do not see any reason to interfere in
the impugned judgment.
5. The Petition is therefore dismissed. No costs.
6. It is however made clear, that in case as a result of
departmental enquiry any punishment is imposed upon the
respondent, the monetary benefits received by him on account
of such promotion shall be returned back by him to the
petitioners/State within a period of four weeks' from such
decision.
3 69.WP.6943-2023.odt
7. The petitioners/State shall issue the promotion
order to the respondent in terms of the judgment of the
learned MAT within a period of two weeks' from today.
8. Pending application/s, if any, shall stand disposed
of accordingly.
(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.)
SD. Bhimte
Signed by: Mr.S.D.Bhimte
Designation: PA To Honourable Judge
Date: 31/01/2024 15:13:29
