THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P.No.24250 of 2009 ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) Heard both the counsel. O.A.No.7062 of 2009 filed by the respondent herein questioning the order of dismissal, dated 23-06-2009, vide proceedings ROC.No.11084/2003/M3, was allowed by the Tribunal following the judgment of this court in W.P.No.16102 of 2007, dated 07-08-2007, on the ground that against the order of conviction, the criminal appeal was pending and the sentence was under suspension. Aggrieved by the same, the Government filed the present writ petition. It is not in dispute that the Tribunal allowed the said O.A. following the judgment of this court in W.P.No.16102 of 2007, dated 07-08-2007, and the said judgment was considered and treated as per incuriam by this Court in W.P.No.8000 of 2009 and batch, dated 17-11-2009. Similar writ petitions were also allowed by this court dismissing similar O.As. Following the aforesaid judgment of this court in W.P.No.8000 of 2009 and batch, dated 17-11-2009, this writ petition is allowed setting aside the impugned order of the Tribunal. There shall be no order as to costs. ________________ V.ESWARAIAH, J ________________________ VILAS V. AFZULPURKAR, J Date: 05-12-2009 Prv