1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4652 OF 2009 IN WRIT PETITION NO. 485 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s orders or directions and Registrar’s orders Mr.V.D. Hon, Advocate for the applicant. Mr. B.R. Warma, Advocate for respondent No.1 CORAM : B.R. GAVAI, J. DATE : 3rd July, 2009 PER COURT : 1. By way of present application, the applicant is seeking stay to the criminal proceedings initiated by the respondent No.1 employee bearing Criminal Case No. 63/2009 before the J.M.F.C. Sakri, during the pendency and final disposal of the writ petition. 2. The application is vehemently opposed by Shri Warma, learned counsel for the respondent employee on the ground that by the present application, what is sought to be stayed is a criminal proceeding and, therefore, it is beyond the jurisdiction of this court inasmuch, as according to the Roster, the work assigned to this court is only to hear Civil Writ Petitions and not criminal matters. He further submits 2 that the cause of action for initiation of criminal prosecution arose prior to the filing of the present petition and, therefore, this court should not entertain the present civil application. 3. It could be seen that the criminal proceedings, which are filed by the respondent employee are sequel to the order passed by the learned Tribunal. The order passed by the learned Tribunal has been impugned before this court by way of Writ Petition No. 485/209. This court, vide order dated 4th Mary, 2009 has granted stay to the payment of back wages on the condition that the respondent/employee is reinstated. It is not a matter in dispute that the respondent employee has already been reinstated. As already observed, the order of payment of 50% back wages stands stayed by this court. 4. Undoubtedly, the writ petition challenging the order of Tribunal would lie before the Single Judge of this court assigned to hear civil writ petitions. The learned Judge, who, at the relevant time was exercising this jurisdiction (Honourable Shri Justice S.B. Deshmukh) has, after hearing the parties, granted the interim relief. The proceeding, though criminal in nature, are sequel to the proceeding arising out of the order of the learned School Tribunal which is subject matter of a civil writ petition pending before this court. In that view of the matter, I find no substance in the preliminary objection regarding tenability of the present application before the Judge hearing civil writ petitions. 5. In so far as the second contention is concerned, 3 admittedly, the respondent employee has already been reinstated and admittedly, there is a stay to the payment of back wages granted by this court vide order dated 4th March, 2009. In these peculiar circumstances, I do not find that any purpose will be served in permitting the criminal proceeding to proceed further during the pendency of the present writ petition. 6. In that view of the matter, civil application stands allowed in terms of prayer clause (B). [B.R. GAVAI , J.] grt/-