Disposed

Shivaji Bhaurao Patil v. the State of Maharashtra and Anr.

Bombay HC21 Nov 2007WP/2758/2007

Case brief

AI extract

What is this about?

By consent, this writ petition is disposed of. The court directs that the petitioner cannot challenge the competence of the charge-sheet issuing officer during the pending inquiry and shall only raise such a question after the conclusion of the departmental enquiry and imposition of punishment.

What did the court decide?

The writ petition is disposed of by consent with directions regarding the timing of the challenge to the officer's competence.

Shivaji Bhaurao Patil Vs the State of… — Civil Procedure and Limitation | Bombay HC (2007)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

 CIVIL APPELLATE JURISDICTION

¶3

 WRIT PETITION NO. 2758 OF 2007

¶4

 Shivaji Bhaurao Patil ...Petitioner
 V/s.

¶5

 The State of Maharashtra & Anr. ..Respondents

¶6

 Mr.A.S. Rao for the Petitioner.
 Mr.A.H. Palekar, AGP for the Respondents.

¶7

CORAM : D.K. DESHMUKH &
V.M. KANADE, JJ.

¶8

DATED : NOVEMBER 21, 2007

¶9

P.C. :-

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 . By consent of parties, the petition is disposed
 of in the following terms :-

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 . That the petitioner was not justified in
 challenging the competence of the officer who issued
 charge-sheet to issue the charge-sheet while the inquiry
 was pending. Therefore, in case at the conclusion of
 the departmental enquiry, any punishment is imposed on
 the petitioner, the petitioner while challenging that
 punishment shall be entitled to raise the question of
 competence of the officer who issued the charge-sheet
 against the petitioner. In case, such a question is

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 - 2 -

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 raised, that question to be decided on its own merit on
 the basis of the material produced by the petitioner and
 the respondent while deciding that question at that
 stage, the observations made by the MAT in the impugned
 order, shall not be considered.

¶14

 . Writ Petition is disposed of.

¶15

 (D.K. DESHMUKH, J.)

¶16

 (V.M. KANADE, J.)

Shivaji Bhaurao Patil v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Shivaji Bhaurao Patil v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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