1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.3035/2011 (The State of Mah. And another .vs. Dr. Anil Madhukar Rode ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders Mr. N.W. Sambre, Government Pleader for Petitioners. Mr. P.S. Wathore, Advocate for Respondent. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JUNE 30, 2011 Heard. Maharashtra Administrative Tribunal has by reasoned order stayed suspension pending inquiry after noticing that respondent has to retire on superannuation today i.e. on 30.6.2011. Though learned Government Pleader has attempted to assail the stay as granted on various grounds, we are not inclined to examine those grounds as today after retirement the challenge to that stay become infructuous. Learned Government Pleader has further contended that in view of the stay the respondent may claim all retirement benefits and the petitioners may be required to disburse the same as if he is not suspended. Admittedly suspension is pending inquiry and hence departmental inquiry is initiated against the respondent. The payment of terminal 2 benefits/retirement benefits will, therefore, be in accordance with the provisions of Maharashtra Civil Services (Pension) Rules, 1982. If the petitioners are aggrieved with action of any payment in this respect towards terminal/retirement benefits, the petitioners can make that grievance either before Maharashtra Administrative Tribunal or before this Court. With that liberty to the petitioners, the petition is disposed of. No costs. JUDGE JUDGE halwai