-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.448 OF 2005 Shri Gurappa N. Ingale. .. .. Petitioner v/s. Board of Trustees of Port of Bombay Bombay Port Trust. .. .. Respondents Mr.S.N.Deshpande for petitioner. Mr.Umesh Shetty for respondents. ----- CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & CORAM : H.L. GOKHALE & S.C.DHARMADHKARI, JJ. S.C.DHARMADHKARI, JJ. S.C.DHARMADHKARI, JJ. DATE : 12TH APRIL 2005 DATE : 12TH APRIL 2005 DATE : 12TH APRIL 2005 P.C. : P.C. : P.C. : 1. Heard Mr.Deshpande in support of this petition. Mr.Shetty appears for the respondents. 2. The petition is filed at a stage when the petitioner is given a show cause notice as to why he should not be dismissed i.e. after holding a departmental enquiry into the charges which, according to the respondents, are serious charges. It will not be proper for this Court to interfere with the action taken by the respondents. The petitioner ought to file his reply to the notice and the respondents should take their decision after considering the reply. -2- 3. Mr.Shetty appearing for the respondents points out that an appeal is available against an order on the departmental enquiry. This being the position, we direct the respondents not to bring the final order into force for a period of four weeks after the same is served on the petitioner, in case the order is adverse to the petitioner. This will enable him to file a departmental appeal and to apply for stay before the Appellate Authority. The petitioner will file a reply to the show cause notice within two weeks. Petition is disposed of. (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (H.L. GOKHALE, J.) (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.) (S.C.DHARMADHIKARI, J.)