1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4878 OF 2009 Vinod Nimbaji Sonar .Petitioner Vs. Malegaon Education Society & anr. ..Respondents ......... Mr.A.V.Mandlik i/b.Mr.M.N.Sandhyanshiv, for petitioner. Mr.M.M.Sathaye, for respondent nos.1 to 5. Mr.A.B.Vagyani, for respondent nos.6 to 8. ......... CORAM: P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 19th APRIL, 2010. P.C. : By way of this petition, the petitioner prayed that the respondents be directed to release his salary for the period from 1 st November, 2007 to 31 st May, 2008 and also to release the payment of earned leave for the period of three years. 2] The petition is resisted by filing reply affidavit on behalf of respondent nos. 1 to 5 by the Chairman of the Society. As per the reply, the petitioner has already filed a Civil Suit being Regular Civil Suit No.241 of 2007 before the Civil Court, Malegaon, and in the said suit, order of status-quo has been passed in favour of the petitioner. It is the case of the respondents that the petitioner was 4878-09.sxw 2 sent on long leave by the Management as complaint was registered against the petitioner and the Enquiry Committee was constituted. 3] On the last date of hearing, the petition was adjourned at the request of learned counsel for the petitioner, as he wanted to find out as to whether the petitioner can amend the plaint and take the prayer made in this petition in the pending suit or not. However, today a request is made for adjournment on behalf of the petitioner as the arguing counsel is not present. In our view, since the Civil Suit is pending wherein order of status-quo is passed in favour of the petitioner thereby staying the departmental inquiry against the petitioner, this Court may not exercise its extra-ordinary jurisdiction by entertaining this petition. It would not be proper to entertain this petition as the main issue about holding departmental enquiry is already pending before the Civil Court. 4] Therefore, the petition is not entertained and the same is rejected. 5] The petitioner may ask for appropriate relief in the pending suit and in this behalf if any amendment is required to be made, the petitioner may prefer appropriate application. However, whether amendment is to be granted or not is the question which left to the discretion of the trial Court. We are not expressing any opinion on this aspect. [R.G. KETKAR, J.] [P.B. MAJMUDAR, J.] 4878-09.sxw