1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5531 OF 2010 Rajaram S/o Hobaji Pawar .... PETITIONER VERSUS The State of Maharashtra & Others. .... RESPONDENTS Mr. S.R.Barlinge, Advocate for petitioner. Mr. S.V.Kurundkar, Additional Govt. Pleader for Resp.Nos. 1 - State . Mr. S.D.Dhongade, Advocate for Respondent No. 5. CORAM : MOHIT S. SHAH, C.J. & S.V. GANGAPURWALA, J. DATE: 26/08/2010 ORAL ORDER : 1. In this petition under Article 226 of the Constitution of India, the petitioner has prayed for directions against respondent nos. 1,2 and 5 2 i.e. the State of Maharashtra, the Director, Godavari Marathwada Irrigation Development Corporation, Aurangabad and the Accountant General – II, Nagpur ( Maharashtra ) to release retiral benefits of the petitioner. 2. The petitioner has prayed for investigation of the enquiry and its progress. The petitioner has also prayed for direction to respondent no. 4 to stop further investigation in respect of the alleged misconduct of the petitioner and for direction to respondent nos. 1 and 2 to initiate action against respondent no. 6 for making complaint against the petitioner. 3. The learned Govt. Pleader for State and the learned counsel for respondent no. 2 – the Director, Godavari Marathwada Irrigation Development Corporation, Aurangabad submit that on the date of retirement, the petitioner was Officer of the State of Maharashtra and that the petitioner has equally efficacious alternate remedy available before the Maharashtra Administrative Tribunal. He, therefore, submits that the petition may not be entertained. 4. In view of the above preliminary submission, we dispose of this petition with liberty to the petitioner to approach the Maharashtra Administrative Tribunal. Since we relegate the petitioner to the alternative remedy at the instance of the respondents, we direct that the petitioner’s 3 application shall be entertained by the Maharashtra Administrative Tribunal on merits without raising any plea of limitation. CHIEF JUSTICE [ S.V. GANGAPURWALA ] JUDGE knp/ WP 5531.2010