Dismissed

Dr. Shri Dhanjay S/O Ambadas Dhabe v. Citizen Education Societys Ishwar Deshmukh College of Physical Education, Thr. Chairman/ President

Bombay HC21 Aug 2014WP/1490/2014

Case brief

AI extract

What is this about?

The High Court held that a writ petition challenging an enquiry charge-sheet during the intermediate stage is premature. The petitioner must participate in the enquiry, and any grievance regarding irregularities can be raised after the final adverse decision. Consequently, the petition was dismissed.

What did the court decide?

The writ petition was dismissed with no order as to costs.

Dr. Shri Dhanjay S/O Ambadas Dhabe Vs… — Constitutional and Fundamental Rights | Bombay HC (2014)

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WP1490-14

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FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO. 1490/2014

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(DR.DHANANJAY AMBADAS DHABE VERSUS CITIZEN EDUCATION SOCIETY'S ISHWAR DESHMUKH COLLEGE OF PHYSICAL EDUCATION & OTHERS)

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

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Court's or Judge's orders

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- - - - Shri Suresh Dhole, counsel for the petitioner. Shri Anand Parchure, counsel for the R-1 to 3. Ms P.D. Rane, A.G.P. for the R-5. Shri R.D. Khade, counsel for the R-6.

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CORAM : SMT. VASANTI A. NAIK AND P.R. BORA, JJ.

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DATE : AUGUST 21, 2014.

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By this petition, the petitioner challenges the enquiry conducted by the respondent no.1-Society on the basis of the charge-sheet dated 15.07.2010.

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According to the petitioner, in view of the judgment of this Court dated 26.06.2009 in Writ Petition No.1836/2009, the enquiry ought to have been conducted against the petitioner on the basis of the charge-sheet supplied to the petitioner on 07.06.2001. According to the petitioner, the respondent no.1 should be directed to conduct an enquiry on the basis of the old charge-sheet by setting aside the charge-sheet served on the petitioner on 15.07.2010.

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The petition is premature and the relief sought by the petitioner cannot be granted at this stage. It is for the petitioner to participate in the enquiry and challenge the outcome of the same, if it is adverse to the petitioner on the grounds raised in the instant petition. If according to the petitioner, the enquiry is not conducted by the respondent no.1 in accordance with law or in accordance with the directions issued by this Court, the petitioner

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WP1490-14

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would be free to challenge the adverse order that may be passed against the petitioner after culmination of the enquiry. The petitioner is premature and, hence, the relief sought by the petition cannot be granted. A party cannot be permitted to file a writ petition at every interlocutory stage of the Departmental Enquiry, as the party would be entitled to challenge the result of the enquiry proceedings, if adverse, after the culmination of the same.

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In the result, the writ petition is dismissed with no order as to costs.

JUDGE JUDGE

APTE

WP1490-14

FARAD CONTINUATION SHEET No . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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C.A.W. NO.2027/2014 IN WRIT PETITION NO. 1490/2014

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(DR.DHANANJAY AMBADAS DHABE VERSUS CITIZEN EDUCATION SOCIETY'S ISHWAR DESHMUKH COLLEGE OF PHYSICAL EDUCATION & OTHERS)

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Shri Suresh Dhole, counsel for the petitioner. Shri Anand Parchure, counsel for the R-1 to 3. Ms P.D. Rane, A.G.P. for the R-5. Shri R.D. Khade, counsel for the R-6.

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CORAM : SMT. VASANTI A. NAIK AND P.R. BORA, JJ.

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DATE : AUGUST 21, 2014.

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With the dismissal of the writ petition, the civil application stands disposed of.

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JUDGE JUDGE

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APTE

Dr. Shri Dhanjay S/O Ambadas Dhabe v. Citizen Education Societys Ishwar Deshmukh College of Physical Education, Thr. Chairman/ President

Case brief

What is this about?

What did the court decide?

Dr. Shri Dhanjay S/O Ambadas Dhabe v. Citizen Education Societys Ishwar Deshmukh College of Physical Education, Thr. Chairman/ President

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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