Disposed

Vivek Pandurang Joshi v. Maharashtra State Electricity Distribution Company Ltd. through Its Managing Director and Anothers

Bombay HC12 Sept 2018WP/8180/2015

Case brief

AI extract

What is this about?

This Writ Petition mirroring disposed group matters directs the concerned Court to conclude criminal proceedings against the petitioner within one year. An interim stay on disciplinary proceedings remains for one year, thereafter resuming them unless the criminal trial concludes sooner.

What did the court decide?

Interim stay on disciplinary proceedings granted for one year; directions to complete criminal trial within one year to maintain stay.

Vivek Pandurang Joshi Vs Maharashtra State Electricity… — Service and Employment | Bombay HC (2018)

¶1

1 wp 8180.15

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

WRIT PETITION NO. 8180 OF 2015

¶4

Vivek Pandurang Joshi.. Petitioner
Versus

¶5

Maharashtra State Electricity
Distribution Company Ltd. (MSEDCL),
Through its Managing Director
and another.. Respondents

¶6

Mr. S. S. Thombre, Advocate for the Petitioner.
Miss Harshita Manglani h/f Mr. Anil S. Bajaj,
Advocate for Respondents.

¶7

CORAM: S. V. GANGAPURWALA & S. M. GAVHANE, JJ. DATE: 12th September, 2018

¶8

PER COURT :

¶9

1. Heard Mr. S.S. Thombre, learned Counsel for

¶10

the petitioner and Mr. A.S. Bajaj, learned Counsel
for the respondents.

¶11

2.The facts giving rise to the instant petition
are identical in all respects to the facts of the
decided group of matters i.e. W.P. No.4045 of 2015

¶12

(Subhash s/o Babulal Jaiswal Vs. Managing
Director, MSEDCL & others), and companion matters,

¶13

decided on 06.10.2016 and as such, instant

¶14

2 wp 8180.15

¶15

petition can be disposed of by issuing similar
directions, as have been issued in the aforesaid
group of petitions.

¶16

3.In view of the law laid down by the Hon'ble
Supreme Court in the matter of State Bank of India
and others Vs. Neelam Nag, reported in 2016 (8)
SCALE 826 and for the reasons recorded in the
judgment delivered by Division Bench of this Court
in W.P. No.4758 of 2014 and companion matters,
decided on 23.09.2015, this petition stands
disposed of with following directions:

¶17

(I)We direct the Court, dealing with the
Criminal charges against the petitioner, to
conclude the proceedings as expeditiously as
possible, and preferably within a period of
one year from the date of this order.

¶18

(II)The interim order, granting stay to

¶19

the ongoing disciplinary proceedings, shall
remain in force for a period of one year from
the date of this order.

¶20

3 wp 8180.15

¶21

(III)In case the charge sheet is not filed

¶22

or belatedly filed, the interim order,
granting stay to the ongoing disciplinary
proceedings in such case, shall remain
in force for a period of one year from the
date of this order and the disciplinary
proceedings initiated against the petitioner

¶23

in those proceedings shall be resumed

¶24

and concluded by the Inquiry Officer

¶25

thereafter.

¶26

(IV)We hope and trust that the trial
Court will take effective steps to ensure that
the witnesses are served, appeared and
examined accordingly.

¶27

(V)The petitioner, who is accused in
criminal case, shall cooperate with the trial
Court for early disposal of criminal
proceedings.

¶28

(VI)In case, the trial is not completed
within a period of one year from today,

¶29

4 wp 8180.15

¶30

despite the steps which the trial Court
has been directed to take, the
disciplinary proceedings, initiated
against the petitioners shall be resumed and
concluded by the Enquiry Officer.

¶31

(VII)We make it clear that the interim
ordersstayingongoingdisciplinary
proceedings shall, in that case, stand vacated
upon expiry of a period of one year from the
date of this order.

¶32

(VIII)Registry may communicate this order

¶33

to the concerned Court where the criminal
prosecution against the petitioner is pending.

¶34

4.Writ Petition stands disposed of accordingly.

¶35

No costs.

¶36

[S. M. GAVHANE, J.] [S. V. GANGAPURWALA, J.]

¶37

marathe

Vivek Pandurang Joshi v. Maharashtra State Electricity Distribution Company Ltd. through Its Managing Director and Anothers

Case brief

What is this about?

What did the court decide?

Vivek Pandurang Joshi v. Maharashtra State Electricity Distribution Company Ltd. through Its Managing Director and Anothers

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jagdishchandra Shankarlal Sharma and Others Vs the State of Maharashtra and Anothers

Dnyaneshwar Dattatraya Shinde Vs the State of Maharashtra and Others

Ab Wahab Haji Abdul Reheman, Lrs Gulam Ahmad Wahab and Others Vs State of Maharashtra and Others

Yuvraj Atmaram Pathakrao Vs the State of Mah and Ors.

Ankush Ramchandra Chame Vs the State of Maharashtra and Others

Ashabai Balasaheb Bhore Vs the State of Mah and Ors.