28.wp.2132-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2132 OF 2009 Shri Jayant Krishna Nazare. ..Petitioner. Versus Pune Municipal Corporation, Pune and another. ..Respondents. ... Mr.N.V. Bandiwadekar, Advocate for the petitioner. Mr.S.M. Gorwadkar, Advocate for respondent Nos.1 & 2. ... CORAM : BILAL NAZKI AND SMT. V.K.TAHILRAMANI,JJ. DATE : 16th JUNE, 2009. P.C. :- 1. The grievance of the petitioner is that pending the enquiry, he was not considered for promotion. The Counsel for the petitioner submits that it is almost settled law that pendency of enquiry do not deprive a person of being considered for promotion, however, the actual promotion may not be given till enquiry is not completed. He submits that in the present case, the chargesheet is served on the petitioner on 5th October, 2007, but, till date no further proceedings have been taken not even an enquiry officer has been appointed. This has not been disputed by the learned Counsel appearing for the Corporation, but, he submits that the Department will be in a position to 28.wp.2132-09 2 complete the enquiry within a period of three months. In view of the submission of the learned Counsel appearing for the Corporation, we dispose of this Petition at this stage, directing the respondent to complete the enquiry by 30th September, 2009. In case, the enquiry is not completed by the date specified i.e. 30th September, 2009, the respondent shall consider the petitioner for promotion irrespective of the pendency of the enquiry. 2. With these observations, Writ Petition is disposed of. [BILAL NAZKI,J.] [SMT.V.K.TAHILRAMANI,J.]