1 ca2779.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.2779 OF 2011 IN LETTERS PATENT APPEAL NO.71 OF 2011 IN WRIT PETITION NO.886 OF 2011 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Mr.P.R. Katneshwarkar, Adv. for appellant/Applicant. CORAM: SMT. NISHITA MHATRE & S.S. SHINDE, JJ. 21st March, 2011. We have heard learned Counsel for the parties. 2 In our opinion, the appellant / applicant has made out prima facie case in this matter. It appears, prima facie, that the provisions of section 4A of the 2 ca2779.11 M.E.P.S. Act come into play only when an enquiry has not been conducted in accordance with Rule 33 r/w Rule 37 of the M.E.P.S. Rules. In the present case, no enquiry at all was held. Therefore, prima facie, the application of provisions of Section 4A of the said Act does not arise. Hence, the Civil Application is allowed in terms of prayer clause (A). (S.S. SHINDE,J) (SMT. NISHITA MHATRE,J) PLK/