1 wp1023-1997 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1023 OF 1997 S.B.Rai .. Petitioner Vs. Union of India and Anr. .. Respondents Mr.N.M.Ganguli for the petitioner Ms.L.B.Patne for respondent no.1 Mr.U.P.Sawant for the respondent no.2 CORAM: D.K.DESHMUKH & K.K. TATED, JJ. DATE: 15th FEBRUARY, 2011 P.C. 1. Admittedly, the petitioner has worked with the respondents from the period 1.7.85 to 31.7.87. Admittedly, the petitioner is not paid salary for this period. 2. According to the learned counsel for the respondents, payment was not made because some departmental enquiry was going on against the petitioner. But now departmental enquiry admittedly, has been held against other employees who were involved and enquiry against the petitioner could not be held because he ceased to be in employment because of resignation. The learned counsel states that now as other 2 wp1023-1997 employees who were involved have also been exonerated, payment of salary can be made to the petitioner. 3. In our opinion, as no enquiry has been held against the petitioner for all these years and no prosecution has been launched against the petitioner, there is no justification for withholding the salary of the petitioner. Therefore, following order would serve the ends of justice. 4. Respondents are directed to pay to the petitioner complete arrears of salary to the petitioner for the period 1.7.85 to 31.7.87 with interest @ 6% p.a. from the date the salary became due till the date of actual payment as expeditiously as possible, in any case within a period of 8 weeks from today. 5. Rule made absolute accordingly. No order as to costs. (D.K. DESHMUKH, J) (K.K. TATED, J)