IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL APPEAL APPEAL (LODGING) NO. 40 OF 2008 (LODGING) NO. 40 OF 2008 (LODGING) NO. 40 OF 2008 IN IN IN WRIT PETITION NO. 2816 OF 2007 WRIT PETITION NO. 2816 OF 2007 WRIT PETITION NO. 2816 OF 2007 Municipal Corporation of Greater Bombay ...Appellant (Petitioner) V/s. General Secretary, BEST Workers’s Union ...Respondent (Respondent) Mr.S.K. Talsania alongwith Mr.P.M. Palshikar i/b. M/s.M.V. Kini & Co. for the Appellant. Mr.C.U. Singh alongwith Mr.K.D. Nagle for the Respondent. CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND CORAM : SWATANTER KUMAR, C.J. AND V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J. DATED : APRIL 8, 2008 DATED : APRIL 8, 2008 DATED : APRIL 8, 2008 P.C. :- P.C. :- P.C. :- . The learned Counsel for the appellant submits that he does not press this petition without prejudice to the rights and contentions and in so far as findings recorded in the impugned order are not used against the respondent in the final proceedings, if the proceedings are taken out against the respondent and final order, if it is passed by the Management on the Departmental Enquiry. - 2 - . Appeal is disposed of. We make it clear the observations recorded prima facie in the impugned order would in no way affect the findings to the proceedings henceforth taken out by either of the parties. CHIEF JUSTICE CHIEF JUSTICE CHIEF JUSTICE V.M. KANADE, J. V.M. KANADE, J. V.M. KANADE, J.