1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5969 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Heard counsel for the parties. The order challenged in this petition is passed by the Inquiry Officer below Exhibit 53 in D.E.No.1/2006 and the order of the revisional authority namely the District Judge, Aurangabad, dated 3.8.2009. By Exhibit 53, the petitioner prayed for calling the record in respect of preliminary inquiry conducted by Sk.Anwar, Junior Clerk. Both – the disciplinary authority as well as the revisional 2 authority have noted that said Shri Sk.Anwar has been examined as the department witness and he was offered for cross- examination to the petitioner. In that sense, no fault can be found with the conclusion reached by the Inquiry Officer as well as the revisional authority in rejecting Exhibit 53 filed by the petitioner. The argument before us, however, is that the petitioner would like to rely on the documents in relation to another disciplinary inquiry against Sk.Anwar himself in which he has been found to be guilty. That inquiry pertains to the same incident and, therefore, the decision in the said inquiry would have direct bearing on the present inquiry. That was not the scope of application (Exh.53), which was filed before the Inquiry Officer. We do not express any opinion about the correctness of this submission. If the petitioner is so advised, he may take out appropriate application before the Inquiry Officer in this regard, who will dispose of the 3 same on its own merits in accordance with law. Petition dismissed on the above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) Dt/- 01.02.2010 ndk/c12109