1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT WRIT WRIT PETITION NO. 179 OF 2008 PETITION NO. 179 OF 2008 PETITION NO. 179 OF 2008 Amulakhrai Dayalji Desai ... ... Petitioner Vs. Municipal Corporation of ... ... Respondents Brihan Mumbai & Ors. Mr. S.P. Ghaste for Petitioner. Mr. P.M. Palshikar with Ms. Shobha Ajitkumar for Respondents. CORAM CORAM CORAM : BILAL NAZKI & S.A. BOBDE, JJ. : BILAL NAZKI & S.A. BOBDE, JJ. : BILAL NAZKI & S.A. BOBDE, JJ. DATE DATE DATE : 13TH FEBRUARY, 2008 : 13TH FEBRUARY, 2008 : 13TH FEBRUARY, 2008 P.C. P.C. P.C. : : :- 1) An Affidavit has been filed by the Constituted Attorney of the Petitioner. We have heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the Respondents. 2) The case of the Petitioner is that he retired on 31st May 2000. He was paid provisional pension till 25th March 2002, then it was stopped on the ground that certain charges were pending against him and enquiry was contemplated. He asserts that no enquiry was initiated. Although eight years have passed after his retirement, the 2 enquiry has not been completed. On last occasion, we had directed the learned counsel appearing for the Respondents to get instructions in the matter. It is conceded that though enquiry was initiated, it has not been completed so far and enquiry is still pending. It is submitted that pension was not paid, in view of the order in Writ Petition no. 2271 of 2000 decided by this Court. 3) We have gone through the judgment. This judgment was made in the context that an enquiry was pending and the Court had expected that the enquiry would be completed immediately. The Writ Petition had basically been filed challenging the enquiry itself. Since the enquiry has not been completed for last eight years, we feel that the Petitioner should be paid the provisional pension. We, therefore, direct that he shall be paid provisional pension from the date it was stopped till the enquiry is completed. After the enquiry, payment of pension or otherwise will depend on the result of the enquiry. 4) With these observations, we dispose of the Writ Petition. ( BILAL NAZKI, J.) BILAL NAZKI, J.) BILAL NAZKI, J.) 3 ( S.A. BOBDE, J.) S.A. BOBDE, J.) S.A. BOBDE, J.)