DR. SANJAY LAXMAN PAWAR Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has been placed under suspension in contemplation of a disciplinary proceeding vide order dated 27th July, 2020. Questioning the order of suspension and seeking its revocation, the petitioner made a representation on 28th July, 2020 before his disciplinary authority. The representation was not decided; hence, the petitioner presented an Original Application under section 19 of the Administrative Tribunals Act, 1985 before the Maharashtra Administrative Tribunal. The said application has been disposed of by the tribunal on 28th August, 2020 with a direction upon the petitioner's disciplinary authority to decide the said representation within 31st December, 2020.

(2.) Mr. Desai, learned advocate for the petitioner submits that the order placing the petitioner under suspension is bereft of particulars with regard to any contemplated disciplinary proceeding. He further submits that natural justice was not complied with by the disciplinary authority prior to placing the petitioner under suspension. Finally, it is submitted that the contemplated disciplinary proceeding is in respect of an incident, which is already the subject matter of a previous disciplinary proceeding against the petitioner. It is urged that on these grounds, the tribunal ought to have set aside the order of suspension and allowed the petitioner to resume service; not having done so, it has failed to exercise jurisdiction vested in it by law. He has, accordingly, prayed that the impugned order of the tribunal be set aside and the disciplinary authority be directed to allow the petitioner resume service.

(3.) Having heard Mr. Desai, we are of the clear opinion that this is a thoroughly misconceived writ petition and the petitioner is not entitled to succeed on any of the grounds as raised before us.