The High Court disposed of a writ petition challenging punishment suspension. The court did not answer legal questions or issue directives, suspending proceedings pending departmental inquiry outcome.
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.
1 W.P.No.2341/17
IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.2341 OF 2017
Mr.Sacchitanand S/o Sambhajirao Patil.
... Petitioner.
Versus
The State of Maharashtra and others.
... Respondents.
Mr.A.A.Pimpalwadkar, advocate for the petitioner. Miss.R.P.Gour, A.G.P. for the State. Mr.A.S.Bajaj, advocate for Respondent Nos.2 and 3.
CORAM : S.V.GANGAPURWALA AND SANGITRAO S. PATIL,JJ.
Date : 29.3.2017.
PER COURT :
the petitioner states that the grounds on which the petitioner is suspended are unsustainable. The said grounds are not related to the present petitioner. Suspension it appears is by way of
2 W.P.No.2341/17
punishment. No opportunity of hearing was given to the petitioner.
the order of suspension was passed in contemplation of Departmental Inquiry. The learned counsel on instructions states that now even the charge sheet has been issued to the petitioner. As suspension was in contemplation of an inquiry, the same certainly is not by way of punishment. The petitioner in such case is not required to be given a show cause notice. As it is stated that even charge-sheet is issued, meaning thereby the Departmental Inquiry has proceeded further. The Respondents shall complete the Departmental Inquiry expeditiously. The petitioner shall also cooperate in expeditious disposal of Departmental proceedings.
costs.
(SANGITRAO S. PATIL,J.) (S.V.GANGAPURWALA,J.)
asp/office/wp2341.17
3 W.P.No.2341/17
4 W.P.No.2341/17
1 issue framed by the court
Whether suspension without a show-cause notice constitutes punishment under Article 226 of the Constitution.
Mr.Sacchitanand S/o Sambhajirao Patil
The State of Maharashtra
S.V.GANGAPURWALA
SANGITRAO S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
