Dismissed

Ramesh Baburao Firode v. the State of Maharashtra and Others

Bombay HC20 Aug 2021RA/164/2020

Case brief

AI extract

What is this about?

In this review application, the applicant challenged the dismissal of a writ petition regarding a departmental enquiry. The court rejected the submission that the lack of a criminal complaint barred the inquiry, holding that enforcement bodies independently conduct such inquiries. The review application was subsequently dismissed.

What did the court decide?

Review Application rejected. No costs.

Ramesh Baburao Firode Vs the State of Maharashtra and Others — Bombay HC (2021) — LawSathi Research

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(1)

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901-ra-164-2020

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
901 REVIEW APPLICATION (CIVIL) NO.164 OF 2020
IN WP/7163/2018

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RAMESH BABURAO FIRODE

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..APPLICANT

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VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS

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Mr. Sanket S. Kulkarni, Advocate for the Applicant.
Mrs. M. A. Deshpande, AGP for Respondents-State.
Mr. Rajendra S. Deshmukh, Advocate for Respondent
Nos.2 and 3.

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 CORAM : S. V. GANGAPURWALA &
 R. N. LADDHA, JJ.

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 DATED : 20th AUGUST, 2021.

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PER COURT:-

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1.The applicant seeks review of the judgment
and order passed by this Court in Writ Petition
No.7163/2018 dated 13.12.2019. Under the said
judgment, this Court had dismissed the writ
petition challenging the punishment imposed upon
the petitioner pursuant to the departmental
enquiry.

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2.Mr. Kulkarni, learned counsel for
applicant submits that he had contended before the
Court that in respect of the alleged incident, no
criminal case is filed against the applicant, nor
private complaint is filed. The benefit of the
same ought to have been granted to the petitioner.
This aspect has not been dealt with in the judgment
under review.

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(2)

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901-ra-164-2020

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3.The learned counsel further submits that
the alleged incident is concerning his private life
and for the same the departmental enquiry could not
have been conducted or action could not have been
taken against the applicant.

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4.The scope of the review is in narrow
campus. The review cannot be dealt with as an
Appeal in disguise.

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5.As far as contention of the learned
counsel for applicant that, the alleged incident is
concerning his private life and not during
employment is dealt with by this Court in paragraph
33 of the judgment.

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6.The contention of the petitioner is that,
the criminal case was not filed against the
petitioner. The benefit of the same ought to have
been accorded to the petitioner. The said
submission may not hold water. In case of
misconduct, the employer has power to conduct the
departmental enquiry. The departmental enquiry has
been conducted and the applicant has been found
guilty. The burden of proof in a criminal case and
departmental enquiry also differs. Even if the
delinquent is not guilty in the criminal case, he
can still be found guilty in the departmental
enquiry. The non filing of a private complaint or
criminal complaint against the applicant cannot be

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(3) 901-ra-164-2020

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a ground to contend that departmental enquiry could
not have been conducted.

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7. In light of that, no case for interference in Review Application is made out.

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8. Review Application is rejected. No costs.

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 (R. N. LADDHA) (S. V. GANGAPURWALA)
 JUDGE JUDGE

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Devendra/August-2021

Ramesh Baburao Firode v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Ramesh Baburao Firode v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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