2004 (8) TMI 760

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....issued by respondent No. 1 and communication dated 3-9-1990 issued by the Divisional Special Officer to the petitioner whereby the petitioner was informed that the Government has decided to hold a Departmental Enquiry against him as per Government Order Textile Section, dated 31-8-1989. 3. Shri Manohar, learned counsel for the petitioner contended that the issuance of charge sheet dated 9-2-1988 itself is not sustainable in law in view of the order passed by this Court dated 24-3-1986 in Writ Petition No. 598 of 1987, which reads thus : "Mr. V. D. Govilkar for the petitioner. Mr. M. B. Mehere, Assistant Government Pleader for the Respondent. The enquiry to be completed and the report to be made not later than 1....

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....ntained in the application for extension of time are cheerfully vague. Furthermore, it was because by our order dated 24th March, 1986 we directed the enquiry to be completed and the report to be submitted not later than 15th June, 1986 that Mr. Govilkar applied for permission to withdraw the petition which we allowed him to do so. If we had initially fixed the date later than 15th June, 1986 for the completion of the enquiry, Mr. Govilkar would not have applied for permission to withdraw the petition. Hence looked at either way, we see no reason why the opponent should be placed in an invidious position to his detriment, merely because the applicant has not taken expeditious steps to even start the enquiry much less complete it wi....

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....e the application for extension of time to conduct the enquiry was rejected by this Court, the respondent did not get the opportunity to complete the departmental enquiry instituted against the petitioner and therefore, the respondent thought it fit to issue fresh charge sheet to the petitioner though on the same set of facts and charges. The learned AGP contended that the issuance of fresh charge sheet dated 9-2-1988 is perfectly legal and sustainable in law. 7. We have considered the contentions canvassed by the learned counsel for the respective parties. In the instant case, it is not in dispute that the first charge sheet dated 10-3-1986 consisted of eight charges. The petitioner has challenged the validity of the same in Writ Petiti....