1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3611 OF 2010 (The Vidarbha Youth Welfare Society & Ors. vs. Jitendra M. Tattee) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 08, 2010. Heard Shri Jagtap, learned counsel for the petitioners and Shri Chandurkar, learned counsel for the respondent. The short contention of Shri Jagtap, learned counsel is, the College Tribunal has found Enquiry Report vitiated as it was prepared without hearing the respondent. It is further contended that though the provisions of Rule 47 of the Maharashtra Civil Services (Discipline and Appeal) Rules, about action on enquiry report are found to be breached, the fact that within a period of three days, reply thereto was filed by the respondent has been ignored. By placing reliance upon the judgment of the Hon'ble Apex Court in the case of State Bank of Patiala vs. S.K. Sharma, reported at (1996) 3 SCC 364, the learned counsel contends that the Tribunal in these circumstances ought to have permitted the petitioners – management to proceed further with the Departmental Enquiry from the stage at which lacunae was noticed by it. 2 Shri Chandurkar, learned counsel for the respondent points out that the Tribunal has permitted the management to hold departmental enquiry. He further makes a grievance that the petitioners have not reinstated the respondent and have also not paid 25% back wages. He also points out that documents noticed by the Tribunal in para 22 of the impugned order are still not supplied. In this situation, I find that the interest of justice can be met with by permitting the petitioners – management to proceed further with the departmental enquiry from the stage of preparation of enquiry report. However, the same shall be subject to supplying the respondent necessary documents and also paying him his regular salary from 06.05.2010 till date and 25% back wages as awarded by the Tribunal. The arrears till 31.12.2010 with 25% back wages should be paid by 05.01.2011. The regular salary shall thereafter be paid every month. After the arrears are received by the respondent, the petitioner shall proceed further with departmental enquiry from the stage of preparation of enquiry report. It shall first supply to the respondent necessary documents and then proceed further in accordance with law. The impugned judgment of the Tribunal is modified only to that extent. By consent of parties, the petitioners are permitted to appoint another Competent officer as 3 Enquiry Officer if earlier Enquiry Officer is not ready and willing or not available. Writ petition is thus partly allowed. Rule is made absolute accordingly. However, in the facts and circumstances of the case, there shall be no order as to costs. JUDGE *GS.