1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No.2126 of 2008 (Pradeep s/o. Raj Kumar Jain .vs. Chairman-cum-Managing Director Manganese Ore (India) Let., Nagpur and Ors.) -=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= CORAM : D.D.SINHA AND A.P.BHANGALE, JJ. DATE : JULY 24, 2008. Heard Dr. R.S.Sundaram, Adv. for Petitioner and Mr.G.G.Modak, Adv. for Respondent Nos. 1 to 4. In the instant case, Departmental Enquiry is already over and the Department has issued show cause notice dt.30.4.2008 whereby the petitioner is called upon to submit his explanation against the tentative findings recorded in the said show cause notice. Counsel for the petitioner has submitted that the procedure adopted by the Enquiry Officer while conducting the departmental enquiry is not just and fair. It is also submitted that copies of the documents which are relied upon by the Enquiry Officer were not 2 furnished to the petitioner. It is also submitted that, so far as the charge regarding late reporting to the Office is concerned, the petitioner was already punished and therefore, there cannot be second departmental enquiry in respect of the said charge. Counsel for petitioner, therefore, contended that this Court should show indulgence at this stage in the matter. Mr.Modak, Counsel for the Department has submitted that the Disciplinary Authority is seized of the matter and shall take into consideration the representation filed by the petitioner to the show cause notice dt.30.4.2008 and take a decision according to law and procedure applicable in this regard. It is submitted that the petition at this stage is pre-mature. In the backdrop of the above referred facts, it is evident that the petition at this stage is pre-mature and it is also not proper to anticipate anything at this stage in respect of the order which will be passed by Disciplinary Authority pursuant to the show cause notice dt. 30.4.2008 and therefore, we are not inclined to show any indulgence at this stage. However, it is open for 3 the petitioner to challenge the order passed by the Disciplinary Authority, if it is adverse to the petitioner, before the appropriate Forum. JUDGE JUDGE ssj