1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 9 /2010. ( Shri Gautam Narayan Navghare -: versus :- Divisional Traffic Superintendent and another ) 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. DATED : FEBRUARY 09, 2010. Heard Shri A.M. Ghare, learned counsel for petitioner and Shri V.G. Wankhede, learned counsel for respondent nos. 1 and 2. Notice was issued by this Court after it was pointed out that petitioner has been confirmed as security guard in 2009 and a charge-sheet for misconduct allegedly committed on 06.09.1993 was sought to be served upon him. Shri Wankhede, learned counsel has pointed out that the departmental enquiry against petitioner was stayed because of Criminal prosecution then going on and the High Court has ultimately maintained his conviction, but reduced the sentence from 8 months to 1 month. He states that after adjudication of the Criminal Revision No. 27/1999 by this Court, the departmental enquiry which was stayed has been again commenced and therein a show cause notice about quantum of punishment has been served upon the petitioner. 2 With the assistance of learned counsel, I have perused both the impugned orders. I find that the departmental enquiry was stayed because of pendency of criminal prosecution and this was within the knowledge of the petitioner and hence he cannot make grievance that after his confirmation as security guard, action for 1993 misconduct is sought to be taken. The view concurrently taken by Industrial Court and Labour Court while rejecting the interim prayer of petitioner is therefore neither perverse nor erroneous. There is no jurisdictional error pointed out by the petitioner. Writ Petition is dismissed. No cost. JUDGE Rgd.