1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8664 OF 2007 Vishwas Somnath Bhase. ...Petitioner. vs. 1.The State of Maharashtra and others. ...Respondents. --- Ms.Snehal Paranjpe i/b. Mr.S.M.Kamble, for Petitioner. Mr.S.R.Nargolkar, AGP for Respondent no.1. Mr.R.S.Apte, for Respondent nos.2 & 3. CORAM: D.K.DESHMUKH & R.Y.GANOO, JJ. DATED: 2nd July, 2008. P.C.:- 1. The principal grievance of the petitioner in the petition is that the petitioner has been kept under suspension pending the departmental inquiry for 2 long period. The learned Counsel appearing for respondent no.2-Corporation who is the employer states that the Municipal Corporation will take final decision in relation to the departmental inquiry held against the petitioner as expeditiously as possible in any case within a period of three months from today. He further states that if the final decision is not taken within the period of three months, then the Corporation will start paying 100% salary to the petitioner. The Statements are accepted. 2. In our opinion, however, slight modification is necessary that in case the Corporation fails to take any decision within the aforesaid period of three month, the Corporation would be liable to pay 100% salary from 1.7.2008. In our opinion, therefore, the following order would meet the ends of justice:- (i) The Corporation to take final decision in relation to the departmental inquiry held against the petitioner as expeditiously as possible in any case within a period of three months from today. 3 (ii) The Corporation shall continue to pay subsistence allowance at the rate of 75% of the salary till the decision is taken by the Corporation. (iii) If the Corporation fails to take decision as per the statement within a period of three months then the Corporation shall be liable to pay as subsistence allowance 100% of the salary to the petitioner from 1.7.2008 till the Corporation takes final decision on the departmental inquiry. (iv) In case the decision in the inquiry is adverse to the interest of the petitioner, all the contentions are kept open and the petitioner shall be also at liberty to adopt any remedy that may be available to him under the law. Petition disposed of. (D.K.DESHMUKH, J.) (R.Y.GANOO,J.) ---