WP/7093/2010 : 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7093 OF 2010 Ramrao Namdeo Raut ... Petitioner V/s. Depot Manager (A) M.S.R.T.C. ... Respondent Mr.S.M. Paranjape for Petitioner Mr.G.A. Karmalkar for Respondent CORAM: SMT.NISHITA MHATRE, J. DATED: NOVEMBER 16, 2010 P.C.: 1. The petition has been filed against the order of the Labour Court refusing interim relief to the petitioner. The Petitioner was arrested for having committed an offence u/s 354 of the Indian Penal Code. The prosecutrix was a mentally disturbed woman. In view of the seriousness of the charges, an enquiry was held against the petitioner after a chargesheet was issued to him. It is the case of the petitioner that several documents which were relied on by the enquiry officer were not served on him during the course of the enquiry. He has been issued a show-cause notice by the respondent Corporation after the enquiry has been completed and the report of the enquiry officer has been furnished to him. Instead of submitting a reply, the petitioner has rushed to the Labour Court and filed complaint (ULP) No.2 of 2010. The Labour Court has refused interim relief to the petitioner. Aggrieved by that order, the Petitioner approached the Industrial Court in revision which has also been rejected. WP/7093/2010 : 2 : 2. In my opinion, the orders passed by the Labour Court and by the Industrial Court cannot be faulted since the petitioner is yet to reply to the show-cause notice issued to him. 3. However, without expressing any opinion on the merits of the case, in my view, the ends of justice would be met if met if the following order is passed: i) The petitioner shall reply to the show-cause notice issued to him by the respondent on 4.1.2010 within two weeks from today. ii) The respondent will decide the course of action it proposes to take against the petitioner in accordance with law after considering the reply which the petitioner may file. Till then no adverse action shall be taken against the petitioner. It is made clear that if the petitioner does not reply to the show- cause notice within two weeks from today, the respondent Corporation is free to take action against him in accordance with law. iii) While deciding the action to be taken, the Corporation will not be influenced by any observations made either by the Labour Court or the Industrial Court in the impugned orders. The Corporation will act only upon the enquiry proceedings including the report and the reply filed by the Petitioner. 4. Writ Petition is disposed of accordingly.