In Re Sayalee Sanjeev Joshi (Smt), Member, Maharashtra Public Service Commission v. .
2005-10-25
B.P.SINGH, P.K.BALASUBRAMANYAN, S.B.SINHA
body2005
DigiLaw.ai
ORDER : B.P. Singh, S.B. Sinha and P.K. Balasubramanyan, JJ. We have heard counsel for the parties. 2. The procedure and the guidelines laid down by this Court in Reference under Article 317(1) of the Constitution of India, In re (1983) 4 SCC 258 has been consistently followed by this Court in subsequent matters of this nature. We, therefore, direct that the same procedure and guidelines as laid down in the aforesaid decision shall be followed by the court nominated to record the evidence in the inquiry. 3. Counsel for the Maharashtra State Public Service Commission and the State of Maharashtra submit that they will file the affidavits of witnesses, referred to in the note of the Attorney General, confined to the charges framed by this Court. Mr Mohta has filed in court today the list of witnesses numbering 32 to be examined in support of the charges framed. The affidavit of the witnesses shall be filed before the Registrar General of this Court by 31-1-2006. No extension of time shall be granted. If witnesses are proposed to be examined on behalf of Smt Sayalee Sanjeev Joshi, their affidavits should also be filed within the same period. 4. We direct the Principal Judge, Civil Court, Bombay to nominate a City Civil Court Judge to record the evidence. The Judge so nominated shall proceed to record the evidence preferably on day-to-day basis, so as to complete the recording of evidence within a period of 4 weeks from the date of commencement of the recording of evidence. 5. We expect the recording of the evidence to be completed before 31-3-2006. 6. As soon as the affidavits are filed, the Registrar General of this Court shall forthwith transmit the affidavits filed to the court of the Principal Judge, City Civil Court, Bombay for necessary action. 7. We further direct the Principal Judge, City Civil Court, Bombay, to nominate a City Civil Court Judge to record the evidence within a period of two weeks from the date on which he receives the affidavits. 8. The parties shall appear before the Judge so nominated on 22-2-2006. The City Civil Court Judge concerned shall in consultation with the parties fix the schedule for examination of witnesses. 9.
8. The parties shall appear before the Judge so nominated on 22-2-2006. The City Civil Court Judge concerned shall in consultation with the parties fix the schedule for examination of witnesses. 9. We direct the parties that in case they wish to rely on any document which is in vernacular, a translated copy thereof may be filed in court after serving a copy thereof on the opposite party. If there is no objection to the correctness of the translation, the same may be taken on record. 10. After recording the evidence, the Judge concerned shall forthwith transmit the record to the Registrar General of this Court, who shall forthwith place the matter together with his report before this Court.