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2018 Supreme(Bom) 692

R.M.SAVANT, SARANG V KOTWAL
Asif Badremunir Tahasildar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arshad Shaikh a/w Mr. S. M. Shettigar
For the Respondent: Mr. H.B. Takke AGP, Mr. Rahul Nerlekar

JUDGMENT :

R.M.SAVANT J.

1. By the above Writ Petition No.643 of 2017 the Petitioner is challenging the order dated 15-7-2016, (Exhibit N) by which order the Learned Registrar General of this Court has informed the Petitioner that the Disciplinary Authority in exercise of the powers conferred by Sub-rule 5(c) of Rule 8 of the Maharashtra Civil Services (Disciplinary and Appeal) Rules 1979, has decided to hold a Departmental Enquiry against the Petitioner. By the orders passed on the same date, the Enquiry Officer was also appointed to enquire into the charges.

In so far as the Writ Petition No.692 of 2017 is concerned, the said Writ Petition also challenges the order dated 15-7-2016, (Exhibit D) which order is to the same effect as the order impugned in the above Writ Petition No.643 of 2017. By a separate order passed on the said date an Enquiry Officer has also been appointed to looked into the charges which are the subject matter of the second Departmental Enquiry.

2. Since the Petitions involve a common question as to whether the Departmental Enquiry could be commenced against the Petitioner in the absence of a written complaint supported by an affidavit, both the Petitions are hea


























































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