Bombay High Court
Rupali Ashwin Patil vs The State Of Maharashtra Thr The ... on 9 January, 2025
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2025:BHC-AS:1044-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.19378 OF 2024
Smt. Rupali Ashwin Patil ]
Executive Engineer, ]
Public Works Division, Bhingari, ]
Panvel, Dist. Raigad ]
R/of Yogidham, Kalyan (W), Dist. Thane ] .. Petitioner
Versus
The State of Maharashtra, ]
Through the Principal Secretary, ]
Public Works Department, ]
Mantralaya, Mumbai ] .. Respondent
Mr. Narendra V. Bandiwadekar, Senior Advocate, with Mr. Vinayak R.
Kumbhar, Mr. Rajendra B. Khaire, i/by Ms. Ashwini N. Bandiwadekar,
Advocates for the Petitioner.
Mr. A.R. Deolekar, Assistant Government Pleader for the Respondent-State
of Maharashtra.
Mr. Deepak Tukaram Kalvikatte, Section Officer, Public Works Department,
State of Maharashtra, is present in Court.
CORAM : A.S. CHANDURKAR &
M.M. SATHAYE, JJ
DATE : 9TH JANUARY 2025.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Rule made returnable forthwith and heard the learned counsel
for the parties.
2. The challenge raised in this writ petition is to the interim order
dated 20th December 2024 passed by the learned Member, Maharashtra
Administrative Tribunal issuing notice in Original Application No.1609 of
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2024 preferred by the petitioner. In that Original Application, a challenge
has been raised to the order of suspension dated 11 th December 2024. On
the premise that though a prayer for interim relief seeking stay of the
order of suspension was made by the petitioner and it was not considered
by the Tribunal, the petitioner has approached this Court.
3. On 24th December 2024, the Vacation Bench passed the following
order :-
". Heard learned counsel for the petitioner and learned AGP
for the respondent-State.
2. Learned AGP seeks time to file reply.
3. It appears that by an order dated 11 th December 2024, the
petitioner has been suspended with immediate effect. It
further appears from the record that departmental enquiry
against the petitioner is going on from 4 March 2024, but
no action was taken against the petitioner when
departmental enquiry was going on.
4. It does not appear from the record that before passing
suspension order dated 11 December 2024, suspending her
with immediate effect, any explanation was called from the
petitioner. Hence, impugned suspension order dated 11
December 2024 is stayed till the next date.
5. Stand over to 9 January 2025.
6. It is made clear that the departmental enquiry as
commenced shall continue on its own merit, without being
influenced by order of this Court."
4. It is seen that the Original Application preferred by the petitioner is
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pending before the Tribunal. It is informed that the respondents have filed
their affidavit-in-reply in the said proceedings.
5. The learned Senior Advocate for the petitioner, on instructions,
submits that rejoinder will be filed by 14 th January 2025. He assures that
no unnecessary adjournments would be sought.
6. Considering the fact that the issue pertains only to the consideration
of the prayer for grant of interim relief, the following directions would
serve the ends of justice :-
(a) The learned Member, Maharashtra Administrative
Tribunal shall hear the parties and decide the prayer
for interim relief within a period of ten days from
today, which would be by 20th January 2025. It would
be open for the petitioner to file rejoinder in the
meanwhile.
(b) It is clarified that the Tribunal shall not be influenced
by the fact that ad-interim relief was granted by this
Court on 24th December 2024. The prayer for interim
relief shall be considered on its own merits and in
accordance with law.
(c) Till the prayer for interim relief is considered, the ad-
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interim order dated 24th December 2024 shall
continue to operate, however without prejudice to the
rights and contentions of the parties.
7. Keeping all aspects on merits open, the Writ Petition is disposed of.
[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ]
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