(OS) Documents SachinDeshpande Training

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION

WRIT PETITION NO. OF 2018

Sachin Harish Deshpande …PETITIONER
Versus
The State of Maharashtra and others …RESPONDENTS

INDEX

Sr Date Particulars Page
No.
Proforma
1. - Synopsis.
2. - Memo of Writ Petition.
3. Vakilpatra
4. Memorandum of Address
5. List of documents.
6. 01.02.2010 Exhibit “A”
The copy of the appointment order
issued by the Secretary of the Mandal
appointing the petitioner as Assistant
Professor in Shalyatantrak.
7. 13.06.2012 Exhibit “B”
The copy of the communication issued
by the Principal of the College
confirming the services of the
petitioner w.e.f. 13.06.2012.
8. 05.06.2013 Exhibit “C”
The copy of F.I.R. No. 142/2013
registered at Sarkarwada Police
Station, Nashik by the ex-wife of the
petitioner against him.
9. 04.07.2013 Exhibit “D”
The copy of the letter written by the
ex-wife of the petitioner to the
Assistant Director, Ayurved, Pune.
10. 06.07.2013 Exhibit “E”
ex-wife of the petitioner to the
Principal, Tilak Ayurved
Mahavidyalaya.
11. 06.07.2013 Exhibit “F”
The copy of the letter issued by the
Assistant Director, Ayurved, Pune
calling upon the President of the
Mandal to verify the facts and take an
action of deemed suspension against
the petitioner and submit a compliance
report in duplicate.
12. 09.07.2016 Exhibit “G”
The copy of the show-cause notice
issued by the respondent no. 6 to
justify as to why action u/r 4(2)(a) of
the Maharashtra Civil Services
(Discipline & Appeal) Rules, 1979
should not be taken against him.

13. 12.07.2013 Exhibit “H”
The copy of suspension order issued by
the Secretary of the Mandal conveying
his deemed suspension w.e.f.
12.07.2013.
14. 15.07.2013 Exhibit “I”-
The copy of the reply given by the
petitioner to the show-cause notice.
15. 16.07.2013 Exhibit “J”-
The copy of the corrigendum placing
the petitioner under suspension w.e.f.
21.06.2013 instead of 21.07.2013.
16. 27.07.2013 Exhibit “K”-
Assistant Police Inspector, Dehu Road
to respondent no. 6 informing him
about the offence registered and
anticipatory bail obtained by petitioner
and a few others.
17. 28.07.2013 Exhibit “L”-
The copy of the memorandum of
WP/7562/2013 filed before this
Hon’ble Court by the petitioner
challenging his suspension order.
18. 11.09.2013 Exhibit “M”-
The copy of the memorandum of the
charges issued by the Secretary of the
Mandal against the petitioner.
19. 24.09.2013 Exhibit “N” -
The copy of WP/9203/2013 filed before
this Hon’ble Court by the petitioner
challenging the domestic enquiry
against the petitioner.
20. 01.04.2014 Exhibit “O” -
The copy of order passed by this
Hon’ble Court in WP/9203/2013
directing the respondents to make
payment of his subsistence allowance.
21. 10.08.2014 Exhibit “P” -
The copy of the memorandum of the
CP/460/2014 filed before this Hon’ble
Court for non-payment of subsistence
allowance in contempt of the earlier
order of this Hon’ble Court.
22. 13.03.2015 Exhibit “Q” -
The copy of the order passed by this
Hon’ble court in CP/460/2014 with
WP/7562/2013 with WP/9203/2013
recording the statement of the
Management of the College to calculate
subsistence allowance.
23. 01.09.2015 Exhibit “R” -
The copy of the memorandum of
WP/9629/2015 filed by the
Management of the College seeking
reimbursement from MUHS for the
subsistence allowance paid to the
petitioner.
24 06.12.2017 Exhibit “S”-
The copy of the judgement and order
passed by this Hon’ble court disposing
off all the 3 Writ Petitions
(WP/9203/2013,WP/7562/2013 and
WP/9629/2015) before it.
25. 19.02.2017 Exhibit “T”-
The copy of the order passed by the
Hon’ble Supreme Court dismissing the
SLP filed by the petitioner.
26. 09.02.2017 Exhibit “U”-
The copy of the affidavit filed by the
ex-wife of the petitioner, in Criminal
Writ Petition No. 614 of 2017.
27. 13.06.2017 Exhibit “V”-
The copy of the final order and
judgement passed by this Hon’ble court
in WP(Cri.)/614/2017 quashing and
setting aside RCC/485/2014 pending
before JMFC Cr. 7.
28. 10.01.2017 Exhibit “W”-
The copy of the letter addressed by the
ex-wife of the petitioner to respondent
Nos. 2 to 6 intimating that all the
complaints against the petitioner are
withdrawn.
29. 12.12.2017 Exhibit “X” -
The copy of the representation made by
the petitioner to the respondent No. 5.
30. 26.03.2018 Exhibit “X-1” -
The copy of the representation made by
31. 26.03.2018 Exhibit “Y” -
The copy of the application made to the
Grievance Redressal Committee u/s.
53 of the MUHS Act.
32. 12.12.2017 Exhibit “Y-1” -
The copy of the representations
addressed to the respondent No. 2.
33. 12.12.2017 Exhibit “Y-2” -
The copy of the representations and the
Chairman, Governing Council of the
Mandal
34. Affidavit in Support
35. Advocate’s Certificate
Last Page

PLACE: MUMBAI TALEKAR AND ASSOCIATES
DATE: __.__.2018 ADVOCATE FOR PETITIONER


Versus
The State of Maharashtra and Others …RESPONDENTS

TALEKAR AND ASSOCIATES

Office Notes, Office
Memorandum of Coram Court’s or Judge’s
appearance, Court’s orders Order
or direction and
Prothonotary’s Orders.

Office Notes, Office Court’s or Judge’s
Memorandum of Coram Order
appearance, Court’s orders
or direction and

Office Notes, Office Court’s or Judge’s
Memorandum of Coram Order
appearance, Court’s orders
or direction and


Versus

SYNOPSIS

1. The challenge in the Present Petition is to the letter dated
06.07.2013 issued by respondent No. 3 directing the
respondent No. 5 to take action of deemed suspension
against the petitioner on basis of complaint. This Hon’ble
Court was pleased to quash and set aside the offence
registered by the ex-wife. The ex-wife communicated the
withdrawal of her grievance to the respondents. Pursuant to
these developments, the petitioner also preferred an
application to the grievance committee. However, the
respondents have failed to revoke the suspension in view of
the same.

2. Hence the present Writ Petition.

Sr Date Particulars of Events Ex Page
No h No
1. The petitioner is …. -
2. 21.06.2013 The ex-wife of the petitioner -
to filed a complaint against the
05.07.2013 petitioner, on the basis of
which F.I.R. No. 142/2013
came to be registered for
offences of bigamy.
3. 04.07.2013 The ex-wife of the petitioner D
preferred representations to
the Assistant Director of
Ayurved, intimating him about
the FIR registered against the
petitioner.
4. 06.07.2013 The Assistant Director, F
Ayurved directed the
respondent No. 5 to suspend
the petitioner.
5. 09.07.2016 Show-cause notice was issued G
by the respondent No. 6 to the
petitioner.
6. 12.07.2013 The Respondent No. 5 passed H -
an order of deemed
suspension.
7. 15.07.2013 Petitioner replied to the I
show-cause notice issued to
him.
8. 16.07.2013 Corrigendum was issued by J
respondent No. 6, placing the
petitioner under suspension
w.e.f. 21.06.2013 instead of
21.07.2013.
9. 27.07.2013 Assistant Police Inspector, K
Dehu Road wrote a letter to
respondent No. 6 informing
him about offences registered
against the petitioner and a
few others.
10. 28.07.2013 Petitioner challenged the order L
of suspension on the ground
that it was by way of a
punishment in WP/7562 of
2013.
11. 11.09.2013 Respondent No. 5 issued a M
chargesheet against the
petitioner for domestic inquiry.
12. 24.09.2013 Petitioner challenged the N
domestic enquiry initiated
against him WP/9203/2013
13. 01.04.2014 This Hon’ble court was pleased O
to pass an order directing
respondents to pay subsistence
allowance.
14. 13.03.2017 This Hon’ble Court in Q
WP(Cri.)/614/2017 was
pleased to quash and setting
aside RCC/485/2014 pending
before JMFC Cr. 7.
15. 10.01.2017 Ex-wife addressed letter to W
respondent Nos. 2 to 6
withdrawing her grievance
against the petitioner.
16. 12.12.2017 Petitioner made X
26.03.2018 representations to the X-1
respondent No. 5 for revocation
of his suspension.
17. 26.03.2018 Petitioner preferred an Y,
application to the Grievance Y-1
Redressal Committee, Y-2
respondent No. 2 and
Governing Council of the
Mandal for revocation of his
suspension order.
Hence this Writ Petition.

POINTS FOR CONSIDERATION:

1. Whether the Assistant Director, Ayurved, Pune (respondent
No. 3) has exceeded his jurisdiction in directing respondent
Nos. 5 and 6 to suspend the petitioner?
2. Whether continuation of suspension of the petitioner even
after quashment of the criminal proceedings which was the
basis of the impugned order is bad in law?
3. Whether the respondent No. 3 ought to have withdrawn the
direction to place the petitioner under suspension
immediately on the receipt of the communications made by
the wife of the petitioner regarding withdrawal and
settlement of all the disputes with the petitioner?
4. Whether the representations of the petitioner made u/s. 53
of the MUHS Act, 1998 to revoke his order of suspension
needs to be decided expeditiously considering the change in
circumstances?

2) ACTS AND RULES:
1. The Constitution of India.
2. The Maharashtra University of Health Sciences Act, 1998.
3. The Maharashtra Civil Services Rules (Discipline and Appeal)
Rules, 1979

3) CITATIONS:
At the time of hearing.

P LACE: MUMBAI TALEKAR AND ASSOCIATES
DATE: ___.__.2018 ADVOCATE FOR PETITIONER


Versus

LIST OF DOCUMENTS
1. The copy of the appointment order dated 01.02.2010 issued
by the Secretary of the Mandal appointing the petitioner as
Assistant Professor in Shalyatantrak.
2. The copy of the communication dated 13.06.2012 issued by
the Principal of the College confirming the services of the
petitioner w.e.f. 13.06.2012.
3. The copy of F.I.R. No. 142/2013 registered on 05.06.2013 at
Sarkarwada Police Station, Nashik by the ex-wife of the
petitioner against him.
4. The copy of the letter dated 04.07.2018 written by the
ex-wife of the petitioner to the Assistant Director, Ayurved,
Pune.
ex-wife of the petitioner to the Principal, Tilak Ayurved
Mahavidyalaya.
6. The copy of the letter dated 06.07.2013 issued by the
Assistant Director, Ayurved, Pune calling upon the President
of the Mandal to verify the facts and take an action of
deemed suspension against the petitioner and submit a
compliance report in duplicate.
7. The copy of the show-cause notice dated 09.07.2016 issued
by the why action u/r 4(2)(a) of the Maharashtra Civil
Services (Discipline & Appeal) Rules, 1979 should not be
taken against him.
8. The copy of suspension order dated 12.07.2013 issued by
the Secretary of the Mandal conveying his deemed
suspension w.e.f. 12.07.2013.
9. The copy of the reply dated 15.07.2013 given by the
petitioner to the show-cause notice.
10. The copy of the corrigendum dated 16.07.2013 placing
the petitioner under suspension w.e.f. 21.06.2013 instead of
21.07.2013.
Assistant Police Inspector, Dehu Road to respondent no. 6
informing him about the offence registered and anticipatory
bail obtained by petitioner and a few others.
12. The copy of the memorandum of WP/7562/2013 filed on
01.08.2013 before this Hon’ble Court by the petitioner
challenging his suspension order.
13. The copy of the memorandum of the charges issued on
11.09.2013 by the Secretary of the Mandal against the
petitioner.
14. The copy of WP/9203/2013 filed on 27.09.2013 before
this Hon’ble Court by the petitioner challenging the domestic
enquiry against the petitioner.
15. The copy of order dated 01.04.2014 passed by this
Hon’ble Court in WP/9203/2013 directing the respondents
to make payment of his subsistence allowance.
16. The copy of the memorandum of the CP/460/2014 filed
on 19.08.2014 before this Hon’ble Court for non-payment of
subsistence allowance in contempt of the earlier order of this
Hon’ble Court.
17. The copy of the order dated 13.03.2015 passed by this
Hon’ble court in CP/460/2014 with WP/7562/2013 with
WP/9203/2013 recording the statement of the Management
of the College to calculate subsistence allowance.
18. The copy of the memorandum of WP/9629/2015 filed on
16.09.2015 by the Management of the College seeking
reimbursement from MUHS for the subsistence allowance
paid to the petitioner.
19. The copy of the judgement and order dated 16.12.2017
passed by this Hon’ble court disposing off all the 3 Writ
Petitions (WP/9203/2013,WP/7562/2013 and
WP/9629/2015) before it.
20. The copy of the order dated 19.02.2017 passed by the
Hon’ble Supreme Court dismissing the SLP filed by the
petitioner.
21. The copy of the affidavit filed on 09.02.2017 by the
ex-wife of the petitioner, in Criminal Writ Petition No. 614 of
2017.
22. The copy of the final order and judgement dated
13.06.2017 passed by this Hon’ble court in
WP(Cri.)/614/2017 quashing and setting aside
RCC/485/2014 pending before JMFC Cr. 7.
23. The copy of the letter dated 10.01.2017 addressed by the
ex-wife of the petitioner to respondent Nos. 2 to 6 intimating
that all the complaints against the petitioner are withdrawn.
24. The copy of the representation dated 12.12.2017 made by
25. The copy of the representation dated 26.03.2018 made by
26. The copy of the representations dated 12.12.2017
addressed to the respondent No. 2.
27. The copy of the representations dated 12.12.2017 and the
Chairman, Governing Council of the Mandal.

PLACE: MUMBAI TALEKAR AND ASSOCIATES
DATE: __.__.2018 ADVOCATE FOR ____


Versus

AFFIDAVIT IN SUPPORT
I, Dr. Sachin s/o Hari Deshpande, Age:37 yrs, Occu: Service
R/o 301, A wing, Disha Residency, Sant Dyaneshwar Nagar,
Kondhwa Khurd, Pune - 411048 the petitioner abovenamed, do
hereby state on solemn affirmation and declare as under:-
1. I say that I am well conversant with the facts of the case,
and as such I am able to depose to the same on my own
knowledge.
2. I repeat, reiterate, confirm and maintain each and every
statements, averments and contentions as averred in the Petition
and adopt the same as part and parcel of this Affidavit. I crave
leave to refer to and rely upon the Petition and all papers and
documents referred to and relied upon as mentioned in the
Petition.
3. In the circumstances I pray that the various reliefs as prayed
for in the Petition be granted with costs.

Solemnly affirmed at Mumbai, ]
Dated this __th day of ____, 2018. ]
Before me,
TALEKAR AND ASSOCIATES
Advocate for petitioner,
O.S. Regd. No. 13156
#142, NCPA Apartments,
Nariman Point, Mumbai.
O.S. REGISTRATION NO. 13156
Advocate Code:_ I 17184.

IN THE HIGH COURT OF JUDICATURE
AT BOMBAY

Sachin Harish Deshpande ...Petitioner
Versus
State of Maharashtra & Others
...Respondents

AFFIDAVIT IN SUPPORT
Dated this __th day of April, 2018.

(TALEKAR & ASSOSIATES)
(Advocate for the Petitioner)
Office :- #142, NCPA
Apartments,
Phone: 22020607

O.S. REGISTRATION NO.
13156

AT BOMBAY

Versus
...Respondents

WRIT PETITION

Apartments,
Phone: 22020607

13156


Versus

To,
The Prothonotary and the Senior Master,
High Court of Bombay (OS),
Mumbai.
ADVOCATE’S CERTIFICATE
We, Talekar & Associates for the Petitioner above named, do
hereby certify and state that the issues involved in the present
petition are required to be entertained, heard and disposed off by
Division Bench as per Rule 636(1)(b) of the Bombay High Court
(O.S.) Rules.


Talekar and Associates,
Advocate for Petitioner.

*For Talekar and Associates
*We are not members of the Welfare Fund, hence, stamp of `2/- is
not affixed.

IN THE HON’BLE HIGH COURT OF JUDICATURE AT BOMBAY

1. Dr. Sachin s/o Hari Deshpande )
Age:37 yrs, Occu: Service )
R/o 301, A wing, Disha Residency, )
Sant Dyaneshwar Nagar, )

Kondhwa Khurd, Pune - 411048 ) ...PETITIONER
Versus
1. State of Maharashtra )
Through its Secretary, )
Medical Education & Drugs )
Department, Mantralaya, )

Mumbai-400 032. )

2. The Director of Ayurved, )
Ayush Department, 4th floor, )
St. George’s Hospital campus, )

near CST, MS Mumbai: 400 001. )

3. The Assistant Director, Ayurved, )
Pune, New Administrative Building )
4th floor, )
Camp, Pune - 411 001. )

4. Maharashtra Universities of Health )
Sciences, Mhasrul, Dindori Road, )
Nashik: 422 004. )

5. )
Rashtriya Shikshan Mandal,
(Through its Secretary, Dr. Shri. )
Dilip Puranik) Karve Road, )
Pune- 411004. )

6. The Principal, )
Tilak Ayurved Mahavidyalaya,
583/2 Rasta Peth, Pune - 411011. )
)
...RESPONDENTS
To,
The Prothonotary & Senior Master,
High Court, Bombay.

I, Dr. Sachin s/o Hari Deshpande, Age:37 yrs, Occu: Service
R/o 301, A wing, Disha Residency, Sant Dyaneshwar Nagar,
Kondhwa Khurd, Pune - 411048 the petitioner abovenamed do
hereby appoint TALEKAR AND ASSOCIATES, Litigation Firm,
High Court, Bombay, having their office at #142, NCPA
Apartments, Nariman Point, Mumbai to act, appear and plead for
me and on my behalf in the above matter.
IN WITNESS WHEREOF we have set and subscribed my
hand to this writing at Mumbai.
Dated this ___ th day of ____, 2018.
Accepted:
(TALEKAR & ASSOCIATES)
(Advocate for the Petitioners)
Office :- #142, NCPA Apartments,
Phone: 22020607.


Versus

MEMORANDUM OF REGISTERED ADDRESS

Dr. Sachin s/o Hari Deshpande
Age:37 yrs, Occu: Service
R/o 301, A wing, Disha Residency,
Sant Dyaneshwar Nagar,
Kondhwa Khurd, Pune - 411048

AND
Talekar and Associates,
Advocates for petitioner,
#142, NCPA Apartments,
Nariman Point,
Mumbai-400 021.


AT BOMBAY

Versus
...Respondents

WRIT PETITION

Apartments,
Phone: 22020607

13156

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION

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