1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3073 OF 2010 Sahebrao Dagduba Gaikwad. ...Petitioner vs 1. Navi Mumbai Municipal Corpn. & anr. ...Respondents Mr. M.M. Vashi i/b M/s. M.P. Vashi & Associates for the Petitioner. Mr. A.A. Garge for the Respondent No.1. Mr. Sandeep Marne for the Respondent No.2. CORAM : A.M. KHANWILKAR & R.M. SAVANT, JJ. DATED : 20 TH APRIL, 2010 P.C. : 1. Leave to amend to delete “Article 227” from the cause title as well as body of the Petition as prayed for, granted. Amendment be carried out in the course of the day. 2. The primary grievance of the petitioner is that the departmental enquiry has been kept pending against him for almost eleven years. In 2 this backdrop, it is prayed that the Respondent No.1 be ordered and directed to consider the Petitioner for the post of Deputy Municipal Commissioner and further to withdraw the charges made against the Petitioner. Insofar as the latter relief is concerned, the same cannot be considered having regard to the fact that the departmental enquiry has already been completed as back as in December, 2009. We are informed by the counsel appearing for the Respondent No.1 that the enquiry report has now been submitted to the Commissioner, being the disciplinary authority who, in turn, will have to take a final decision, after following necessary procedure. The assurance is given on behalf of Respondent No.1 that appropriate decision would be taken expeditiously. 3. We direct Respondent No.1 to issue show cause notice to the Petitioner, not later than one week from today and to conclude the proceedings by passing appropriate final order as may be advised in accordance with law, not later than four weeks from today. The Petitioner, through counsel, assures to extend full cooperation to the disciplinary authority in expeditious disposal of the said proceedings. In view of the above, no other relief need be considered in this 3 Petition. 4. Keeping all questions open, Petition is disposed of on the above terms. (R.M. SAVANT, J.) (A.M. KHANWILKAR, J.)