Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELALTE JURISDICTION WRIT PETITION NO. 10461 OF 2009 Hemant s/o Sudhkar Padalkar .. Petitioner. vs. The Disciplinary Authority, Through Registrar, General Bombay High Court, Bombay and Ors .. Respondents. Mr R.B. Laxmipalli and Harshad H. Padalkar , Advocate for the Petitioner. Mr V.S.Kapse, Advocate for the Respondent Nos. 1 to 3. Mr V.S.Masukar, Govt.Pleader for Respondent No.4. CORAM : F.I. REBELLO & K.K.TATED, JJ. DATED : 18TH DECEMBER, 2009 P.C. 1. Rule. Heard forthwith by consent of parties. 2. Respondent Nos.1 to 3 are seeking to examine three additional witnesses referred to in the evidence. Neither statements of these additional witnesses were recorded earlier nor they have been examined subsequently for the purpose of finding out relevancy of their evidence. 3. On an application made by the Presenting Officer, Respondent No.2 has allowed the said application against which the present petition is filed. 4. The challenge by the petitioner to that order is based on Rule 17 of the Maharashtra Civil Services (Displine and Appeal)Rules, 1979 (hereinafter referred to as the “Disciplinary Rules”). 5. According to the learned counsel for the petitioner, the evidence sought to be adduced now through the new witness is to fill up the lacuna and as such ought not to be allowed. On the other hand, the learned counsel appearing on behalf of the respondents, pointed out that the witnesses sought to be examined are material and are relevant as reference to that is is made by another witness. 6. After hearing parties, we are of the opinion that in the instant case the discretion can be exercised by respondent No.2, if the statements of the two witnesses had been recorded and also made available to the petitioner. It is only then, then it is possible to record a finding whether that evidence is to fill up a lacuna or otherwise as contemplated by the proviso. 7. Considering the above, the impugned order is set aside. The Respondents to first record the statements of the two witnesses and if thereafter there is material evidence to move an applicaion before Respondent no.2 who thereafter to give an opportunity to the petitioner and pass an order according to law. The impugned order is accordingly set aside. Rule is made absolute accordingly. No order as tocosts. All concerned to act upon an authenticated copy. (K.K.TATED, J.) (F.I. REBELLO,J.)