The High Court quashed a three-year suspension order serving no purpose due to enquiry stalemate and policy lapses, reinstating the petitioner with subsistence allowance rights.
Petitioner reinstated on prior post and entitled to subsistence allowance; arrears to be paid within one month.
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 wp 125.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 125 OF 2016
Shri Baig Ifteqarullah S/o Baig Saidullah Age : 54 Years, Occu. : Service, R/o Old Collector Office, Aurangabad. .. Petitioner
Versus
Miss P. S. Talekar, Advocate h/f Shri S. B. Talekar, Advocate for the Petitioner.
Shri S. P. Tiwari, A.G.P. for the Respondent No. 1. Shri A. N. Nagargoje, Advocate for Respondent Nos. 2 and 3.
CORAM : S. V. GANGAPURWALA AND
R. G. AVACHAT, JJ. DATE : 05TH NOVEMBER, 2018.
ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-
. Rule. Rule made returnable forthwith. With the consent
of parties take up for final hearing.
2 wp 125.16
3 wp 125.16
that, the petitioner did not join at transferred place. The order of transfer is quashed and set aside by this Court. Apart from the fact that charges are trifle, they are false.
4 wp 125.16
facilitate free and fair departmental enquiry and that the delinquent should not be in a position to tamper with the record/documents. Even under Government policy, the order of suspension has to be reviewed after six months. Same also has not been done. Almost it would be three years since the petitioner is suspended on 02nd January, 2016 and the enquiry has not proceeded further. The petitioner's remaining service is of six months as contended by the learned counsel for the petitioner. The petitioner is also not working on administrative post. The petitioner is working as a stenographer.
5 wp 125.16
date of this order. In case there are some arrears with regard to payment of subsistence allowance, same shall be paid within a period of one month from today.
Rule is made absolute in above terms. No costs.
Sd/Sd/-
[R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.]
bsb/Dec. 18
3 issues framed by the court
Whether the long-pending suspension order against the petitioner, which has served no purpose without facilitating the enquiry, should be quashed.
Whether the petitioner should be reinstated on the post held prior to suspension and entitled to subsistence allowance.
Whether suspension was justified given the stalemate in the departmental enquiry and discharge of criminal charge sheets without misappropriation.
Shri Baig Ifteqarullah
The State of Maharashtra
Maharashtra State Board of Wakf
Chief Executive Officer, Panchakki, Aurangabad
S.V. GANGAPURWALA
R.G. AVACHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
