1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2359 OF 2008 1.The State of Maharashtra & ors. ...Petitioners vs. Bhausaheb Raosaheb Andhalkar. ...Respondent. --- Mr.Nargolkar, for Petitioners. Mr.Y.S.Jahagirdar, Sr.Advocate with Mr.B.Deshmukh, for Respondent CORAM: D.K.DESHMUKH & J.P.DEVADHAR, JJ. DATED:15th September,2008. P.C.:- 1. Rule returnable forthwith. Heard finally by consent of parties. 2. By this petition, the petitioners challenge the order passed by the Maharashtra Administrative Tribunal in original application nos.708 of 2007 and 2 717 of 2007 decided on 22.2.2008. By that order the tribunal has set aside the order placing the respondent who was the petitioner before the Tribunal under suspension dated 27.11.2007. The tribunal has also set aside the order placing the respondent- original petitioner under suspension dated 30.11.2007. In this petition, the petitioner-State Government does not challenge the order of the tribunal in so far as it set aside its suspension order dated 27.11.2007. Therefore, challenge in this petition is restricted to the order of the Maharashtra Administrative Tribunal setting aside the second suspension order dated 30.11.2007. 3. Shri.Y.S.Jahagirdar, Senior Advocate appearing for respondent has no objection to this Court setting aside the order of the tribunal setting aside the second suspension order dated 30.11.2007. Therefore, by consent of the respondent paragraph 17 and 18 of the order passed by the Tribunal which is impugned in the petition setting aside the second suspension order dated 30.11.2007, is set aside. It is clarified that now in consequence of this order 3 the respondent-original petitioner would be under suspension and the State Government shall be at liberty to consider the question “whether it wants to continue the respondent under suspension”. The State Government, if so advised, shall be free to make appropriate order. 4. Rule is made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (J.P.DEVADHAR, J.)