NINGANNA KALLANNA PATILversusTHE STATE OF MAHARASHTRA THR PRINCIPAL SECRETARY URBAN DEVELOPMENT

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         Digitally
         signed by
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         URMILA
URMILA   PRAMOD
                                        CIVIL APPELLATE JURISDICTION
PRAMOD   INGALE
INGALE   Date:
         2026.01.23
         16:20:49
         +0530

                                     WRIT PETITION NO. 13881 OF 2025

                      Ninganna Kallanna Patil                       … Petitioner
                           Versus
                      The State of Maharashtra                      .… Respondent

                                                   ****
                      Mr. Akshay Kapadia i/b Gurubala Birajdar, for the Petitioner.
                      Mr. N.C.Walimbe Addl GP a/w Smt.V.S. Nimbalkar, AGP for the
                      Respondent-State.

                                                     ****

                                                   CORAM :    M.S.KARNIK &
                                                              S.M.MODAK, JJ.

                                                     DATE :   23rd JANUARY, 2026

                      ORAL ORDER (PER M.S.KARNIK, J.) :


                      1.        The Petitioner was working as a Chief Executive Officer

                      with Talegaon Dabhade Municipal Council. An FIR came to be

                      filed against the Petitioner for rash and negligent driving in a

                      drunken state. The Petitioner was suspended from service on

                      08/07/2024 pending departmental enquiry. It is submitted that

                      the departmental enquiry has commenced and even the cross

                      examination of the witnesses is under progress.

                      2.        The Petitioner filed an Original Application before the



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Tribunal seeking revocation of the order of suspension on various

grounds. The Tribunal by the impugned order dated 15/04/2025

has dismissed the Original Application.

3.         Learned counsel for the Petitioner submitted that in

respect of the criminal proceedings that were initiated against him,

the same has resulted in his acquittal pursuant to the order of the

trial Court dated 07/04/2025.        It is however submitted that

inadvertently, the fact of the Petitioner’s acquittal could not be

placed for the consideration of the Tribunal when the impugned

order came to be passed.        Learned counsel for the Petitioner

further made a grievance that though the enquiry commenced as

far back as on 08/07/2024, the disciplinary proceedings are still

on-going. It is submitted that such delay is seriously causing

prejudice to the Petitioner and therefore suspension deserves to be

revoked.

4.         We have heard learned Additional Government Pleader

appearing      for   the   Respondent-State.   Learned       Additional

Government Pleader pointed out that aforesaid is one of the

charges.     The Petitioner is also chargesheeted for other serious

charges of misbehavior with women employees.                These are



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obviously matters which are subject matter of the disciplinary

enquiry over which we do not wish to make any observations at

this stage.

5.        It is the submission of the Petitioner that he wants to place

these facts before the Tribunal and in view of the delay in

completion of the enquiry, wants to prefer Original Application

seeking revocation of the order of suspension on the aforesaid

grounds.

6.        Considering the passage of time, liberty as prayed for is

granted to the Petitioner to file a fresh Original Application before

the Maharashtra Administrative Tribunal raising all permissible

contentions including question of delay in completion of the

enquiry thereby seeking revocation of the suspension.        It is made

clear that if such an Original Application is filed, the same shall be

dealt with on its own merits and in accordance with law and

without being influenced by the observations made by the Tribunal

in the impugned order.

7.        If a request is made to the Tribunal for expediting the

Original Application, we have no manner of doubt that such a

request will be suitably considered, considering that what would



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be under challenge is the order of suspension.

8.        The Writ Petition is disposed of.



(S.M.MODAK, J.)                                  (M.S.KARNIK, J.)




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