1 mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Writ Petition No.1249 of 2009 Krishna Narayan Ghadge ..Petitioner Vs. The Board of Trustees of Port of Mumbai and ors. ..Respondents Mr.S.P.Ghaste for petitioner. Mr.R.S.Pai with Ms.Kavita Anchan i/b M.V.Kini and Co. for respondent nos. 1 and 2 CORAM: S.J.KATHAWALLA J. 27th July, 2009 P.C. 1 This writ petition is filed by the petitioner seeking a direction against respondent no.3 to dispose of the appeal dated 15th September, 2006 being Exhibit B to the petition forthwith on merits. It is the petitioner s case that he retired from service of respondent no.1 on 31st August, 2006 on superannuation. On 12th July, 2006, respondent no.2 passed an order in 2 departmental inquiry and awarded punishment to the petitioner reducing his pension at 5% for a period of two years and treating the period under suspension as suspension . On 15th September, 2006 the petitioner preferred an appeal against the order dated 12th July 2006 to the Appellate Authority i.e. respondent no.3. Despite letters from the petitioner dated 30th May, 2007, 22nd August, 2007 and 12th October, 2007 requesting respondent no.3 to dispose of the appeal, respondent no.3 has not disposed of the appeal till date. In reference to the petitioner s letters, the only action that the respondent no.3 took was to inform the petitioner that parawise remarks are received and appeal is under consideration of the Appellate Authority . on 19 th March, 2009 the petitioner through his Advocate issued a legal notice to respondent no.3 inter alia requesting for disposal of the 3 said appeal and release of the amount withheld i.e. approximately Rs.3,60,000/- with interest thereon. Despite the said notice respondent no.3 has failed to dispose of the appeal filed by the petitioner as far back as on 15th September, 2006. 2 Respondent no.3 though served on 10th July, 2009 personally by the petitioner has failed to appear before this Court. In view of the above, respondent no.3 is directed to dispose of the appeal dated 15th September, 2006 impugning the order passed by respondent no.2 dated 12th July, 2006 within a period of 4 weeks from the date of receipt of this order. 3 In view thereof the writ petition is disposed of with no order as to costs. (S.J.KATHAWALLA J.)