A writ petition filed by a dismissed peon challenging the Tribunal's dismissal of his departmental appeal due to delay. The Court held no interference warranted as waiting for the criminal case outcome was not a valid reason given the different charges.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3336 OF 2014
Shri Gopinath Haribhau Desai ... Petitioner V/s. The Commissioner of Sales Tax ... Respondents
Mr. Amit D. Sale for the petitioners.
Mr. P.P. Kakade, AGP for the State.
CORAM : NARESH H. PATIL AND A.S. GADKARI, JJ .
7th January, 2015.
P.C.
The petitioner is a peon working in the Sales Tax Department. His conduct was enquired in the departmental enquiry which was initiated on 19th November, 1997. The petitioner was found guilty in the enquiry. Therefore, by an order dated 10th March, 2000 the Additional Commissioner of Sales Tax, Pune range, Pune dismissed the services of the petitioner with effect from 10.2.1999.
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Office, Sangli he accepted bribe of Rs.1200/- from one Mr. N.S. Bite for issuance of “No Dues Certificate”. A criminal case was filed against petitioner before the JMFC, Sangli. By a judgment and order dated 23/8/2010 the trial Court acquitted the petitioner from the charges. The petitioner thereafter filed departmental appeal on 29th February, 2012 after near about 12 years from his dismissal from service. The appeal came to be dismissed on the ground of delay. The Learned Counsel appearing for the petitioner submits that petitioner waited for outcome of criminal case and after the judgment in the criminal case was pronounced acquitting the petitioner, within 30 days he filed departmental appeal. This aspect ought to have been considered by the appellate authority and the Tribunal.
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criminal case was relating to misusing of office stamp of the superior officer.
(A.S. GADKARI, J.) (NARESH H. PATIL, J.)
L.S. Panjwani, P.S.
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's dismissal of the departmental appeal on grounds of delay.
Whether the petitioner's wait for the outcome of the criminal acquittal constituted a valid reason for belated filing of the departmental appeal.
1 provisions across 1 enactments
Shri Gopinath Haribhau Desai
The Commissioner of Sales Tax
NARESH H. PATIL
A.S. GADKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
