Goverdhan Marotrao Athawale v. Ashwin Kumar Deore and Ors.
Case brief
What is this about?
Petitioner challenged initiation of departmental enquiry and charge sheet alleging caste bias. This Court held interference premature pending appeal against minor penalty. Writ rejected.
What the court decided
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 2333 OF 2012
GOVERDHAN MAROTRAO ATHAWALE VERSUS ASHWIN KUMAR DEORE AND ORS
Advocate for Petitioner : Shri Hemant Surve Advocate for Respondents 1 to 3 : Shri Nitin B. Suryawanshi
CORAM : NARESH H. PATIL & S. B. DESHMUKH, JJ. Dated: August 06, 2012
PER COURT :-
1. Heard respective counsel.
- The petitioner is working as Jr. Clerk in Palam Court in the judicial district of Parbhani. The petitioner challenges initiation of the departmental enquiry and the charge sheet served on the petitioner by respondent No.1 in the proposed departmental enquiry No.2 of 2012. Respondent District and Sessions Judge had framed charges on 6.2.2012, which are annexed at Exhibit "L", page 62 of the petition. The charges relate to issues concerning cases wherein summons and process were not issued in time and certain signatures found in the concerned record, allegedly manipulated.
- A departmental enquiry is initiated against the petitioner and one Shri S.K.Nimbre, Jr. Clerk, working in the same Court.
- Learned counsel for the petitioner Shri Surve has referred to the communication made by Judicial Magistrate (F.C.), Palam dated 22.11.2010, reply filed by the petitioner dated 6.12.2010,
Issues for consideration
3 issues framed by the court
Whether the High Court should interfere with the initiation of a departmental enquiry and framing of charges by the District and Sessions Judge.
Whether the allegations of mala fides and caste bias against the petitioner warrant judicial intervention at this stage.
Whether the court can express an opinion on the merits of charges while the appeal against minor penalty is pending.
Parties & counsel
- petitioner
GOVERDHAN MAROTRAO ATHAWALE
- respondent
ASHWIN KUMAR DEORE
- respondent
Respondents 1 to 3
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court
Yuva Shikshan Prasarak Mandal Terkheda Dist Osmanabad Thr Secretary Vs the State of Maharashtra and Ors.
Rajashri Wd/O Sunil Kanade Vs the State of Mah and Ors.
Atul Gulabsing Patil Vs the State of Mah and Anr.
Rukmini Transport and Ware Housing Thr Proprietor and Ors. Vs the State of Maharashtra and Anr.