LAWS(BOM)-2011-12-113

RAMESH Vs. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD

Decided On December 23, 2011
RAMESH Appellant
V/S
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. Respondents

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule returnable forthwith. With the consent of the parties the petition is taken up for final hearing.

(3.) The petitioner at the relevant time was working as Junior Manager (Personnel) with the Respondents. On 2.2.2010, an offence punishable under the provisions of Prevention of Corruption Act, came to be registered against the petitioner. The petitioner was suspended by Respondents vide order dated 15.2.2010 with effect from 2.2.2010. On or about 26.3.2010, the charge-sheet in Departmental inquiry was served on the petitioner. The petitioner filed Writ Petition No.2809/2010, challenging the said charge-sheet. The said Writ Petition was filed on the ground that as Criminal case is pending, the Departmental Inquiry be stayed. The said Writ Petition was pending. In the Departmental proceedings the petitioner sought extension of time. On 24.6.2010, show cause notice was issued to the petitioner calling explanation from the petitioner as to why penalty of dismissal should not be imposed. The petitioner on 5.7.2010, filed application for extension of time to file say. The petitioner came to be dismissed from service on 19.7.2010. The petitioner challenged the said order of dismissal in the Departmental appeal. The same came to be dismissed. The petitioner on 21.4.2010, is acquitted of the charges under the Prevention of Corruption Act by the Sessions Court. The petitioner has impugned the order of dismissal from service and the rejection of his appeal in the present Writ Petition.