1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3274 OF 1998 John Maical Rijni Vs. M. S. R. T. C. thr Divisional Controller Nagpur. ------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ------------------------------------------------------------------------------------- Mr. R. S. Charpe Adv for petitioners. CORAM: K. U. CHANDIWAL J. DATED: 5 th JULY, 2010. Heard. Learned counsel for the writ petitioner informs, he has return the brief and his client is not thereafter in contact. 2. On 7th June 2010 as Shri Charpe counsel for the petitioner has sent leave note and matter came to be adjourned to this date as by way of last chance. 3. The petitioner was a Helper of C. B. S. Depot. There was a case of theft of four cheker aluminium plates. The petitioner was prosecuted, 2 however, acquitted by learned J. M. F. C. Nagpur. There was a Departmental Enquiry held and in the Departmental Enquiry the charges were established against the petitioner that he has committed theft. Matter was taken by the petitioner before the Labour Judge, Labour Court Nagpur and the Labour Court by the decision dated 23rd July 1998, held that there was nothing wrong in the Departmental Enquiry conducted against the petitioner and did not interfere. Said order is questioned in the writ petition. 4. The acquittal recorded by the learned J. M. F. C. would not dwell upon to dilute the effects of the enquiry held by independent agency. The reading of evidence in the enquiry is that of a different pedestal and the same is on altogether different situation in the criminal Court. Taking these aspects into consideration writ petition lacks merits. Dismissed. No costs. Rule discharged. JUDGE svk 3