1 os-wp-274-11.doc pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 274 OF 2011 Vijaykumar N. Fulzele .. Petitioner Vs. The State of Maharashtra and ors. .. Respondents Mr. R.D. Bhat for petitioner. Mr. A.P. Ketkar, AGP for respondent no.1. Mr. Prashant Chavan with Ravindra Chite, Ms. Reshma Nathani and Mr. Ruchir Wani i/by Little and Co. for respondent nos.2 and 3. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. August 16, 2011. P.C. We have heard the learned counsel for the petitioner. The petitioner is aggrieved by the order of punishment dated 26/7/2010 and confirmed by the First Appellate Authority by its order dated 26/11/2010. Under the MSEDCL Employees’ Service Regulations, 2005, there is a provision for a second appeal against the order of 2 os-wp-274-11.doc punishment and that remedy has not been exhausted by the petitioner. If the Service Rules provide for a remedy against the order passed by the First Appellate Authority, we do not see any reason to entertain this petition at this stage. The learned counsel for the petitioner, therefore, seeks leave to withdraw the petition with liberty to file a second appeal against the order of punishment dated 26/7/2010. Leave granted and the petition is disposed as withdrawn with liberty to file a second appeal. If such an appeal is filed within two weeks from today, we direct the Second Appellate Authority to hear and decide the same on its own merits. (SMT.NISHITA MHATRE J.) (B. H. MARLAPALLE, J.)