1 WP No.4472/10 with 5026/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4472 of 2010 The Director, Vasantdada Patil Dental College and Hospital & Anr ... Petitioners versus Mr.Sudhakar Kariappa Shetty & Anr ... Respondents Mr.V.P. Vaidya i/b M.S.Topkar for the petitioners. Ms.Nayana Buch i/b S.K.More for respondent no.1. WITH WRIT PETITION NO.5026 of 2010 Mr.Sudhakar Kariappa Shetty ... Petitioner versus The Director, Vasantdada Patil Dental College and Hospital & Anr ... Petitioners ... Ms.Nayana Buch for the petitioner. Mr.V.P. Vaidya i/b M.S.Topkar for the respondents CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 11th October 2010 P.C. 1. Rule returnable forthwith. By consent of the contesting parties viz. The employee and the employer institution, petition is disposed of in following terms. 2 WP No.4472/10 with 5026/10 2. The order passed by the employer institution terminating the services of the employee is set aside. Consequently, the result of the order passed by the Grievances Committee and its Management Council are also set aside. 3. The employee shall be deemed to be in the employment of the institution but the employee shall not claim to join the duties or claim any wages from the institution notice till the departmental enquiry which the institution proposes to hold against the employee is completed and depending on the result of the enquiry. 4. The management shall hold Departmental Enquiry against the employee in accordance with law as expeditiously as possible and in any case within a period of six months from today and pass orders thereon in accordance with law. All contentions available to both the sides are kept open to be raised in the departmental enquiry. If the result of the departmental enquiry is against the employee, the employee shall be at liberty to adopt such remedy as may be available to the employee in accordance with law. At that time, employee shall be entitled to claim all reliefs against the institution to which the employee may be entitled in law. 5. Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)