[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8263 OF 2008 Suhas Narayan Jadhav .... Petitioner Vs. Maharashtra State Road Transport Corporation & Ors. .... Respondents Shri A.B. Desai for the Petitioner. Shri G.S. Hegde for the Respondents. CORAM: CORAM: CORAM: DR. D.Y. CHANDRACHUD, J. DATED: DATED: DATED: DECEMBER 18, 2008 P.C: P.C: P.C: The petitioner was proceeded against on a charge of misconduct. The allegation is that while he was driving a bus belonging to the MSRTC, the petitioner caused the death of a cyclist whom he was attempting to overtake. The Labour Court has held that the inquiry was fair and proper. The petitioner instituted a complaint of unfair labour practice in order to pre-empt the conclusion of the departmental inquiry since it is an admitted position before the Court that the complaint was filed when the notice to show cause was issued as to why the finding of the inquiry should not be accepted and the punishment should not be imposed upon him. The Labour Court has declined to grant relief for justifiable reasons. The petitioner ought to have followed the disciplinary proceedings to their logical [2] conclusion by submitting a reply to the notice to show cause. In any event, the prima facie findings of the Labour Court do not suffer from any perversity. The interference by this Court at the present stage is clearly not warranted. The petition is accordingly dismissed. However, it is clarified that should the petitioner submit a reply to the notice to show cause within a period of two weeks from today, the disciplinary authority shall take into consideration the same to arrive at a final decision in the disciplinary proceedings. (Dr. D.Y. Chandrachud, J.) sjs/D8wp8263.8 sjs/D8wp8263.8 sjs/D8wp8263.8