1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 266 OF 2008 WRIT PETITION NO. 266 OF 2008 WRIT PETITION NO. 266 OF 2008 Shanmughan Munnuswamy Pillay. .. Petitioner. vs. Unon of India & Ors. .. Respondents. Mr. S.P. Saxena for Petitioner. Mr. K.G. Presswala i/by Mulla & Mulla & CBC for Respondent nos. 3 & 4. CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & CORAM: J.N. PATEL, & SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. DATE: 27th FEBRUARY, 2008. DATE: 27th FEBRUARY, 2008. DATE: 27th FEBRUARY, 2008. P.C. . The petitioner has approached this Court seeking change in the enquiry officer who is conducting departmental enquiry against the petitioner in the matter of charge-sheet served on him. 2. The learned counsel for the petitioner submitted that the enquiry officer is not fair in conducting the enquiry as is evident from the fact that the petitioner-delinquent has not been furnished copies 2 of the documents which he required for defending himself in the matter and in some cases after the witnesses have been examined, documents have been furnished. 3. We have given our anxious consideration to the subject matter and even gone through the copies of the proceedings which are relied upon. We do not want to express any opinion at this stage. In case the petitioner is aggrieved by the findings after the enquiry is concluded, he has the remedy available to him and these issues can be agitated even at that stage. Therefore, we are not inclined to interfere in the matter. 4. In case the petitioner is furnished documents after the witnesses are examined, nothing prevents the petitioner from making an application to the enquiry officer to recall the witnesses and the enquiry officer would take a decision in the matter in accordance with the rules. 5. With these observations we dismiss the writ petition. (J.N. Patel, J.) (J.N. Patel, J.) (J.N. Patel, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) (Smt. Nishita Mhatre, J.) 3