1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4316/2009 Neminath Bhimrao Duddhe .. PETITIONER VERSUS The Chief Executive Officer, Zilla Parishad,Aurangabad .. RESPONDENT ... Shri Hemant Surve,Adv.for petitioner ... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 09/07/2009 ORAL ORDER : This petition under Article 226 of the Constitution of India, takes exception to the initiation of departmental inquiry against the petitioner on various allegations, which are set out in the charge sheet, which is annexed to the petition. We are informed that pursuant to the issuance of the charge sheet, petitioner has submitted his reply and an inquiry 2 officer has been appointed. 2. It is the contention of the learned counsel for the petitioner that the inquiry has been initiated as a backlash to the institution of filing of a petition at the behest of the petitioner, wherein this Court has directed the prosecution of certain persons. It is also urged before us that the misconduct which is alleged, is not alleged to have been committed in the discharge of the duties of the petitioner as a teacher. 3. According to us if the inquiry officer has been appointed and the petitioner has already submitted his reply, it would be for the inquiry officer during the course of inquiry, to assess evidence and record finding as to whether the misconduct stands proved as alleged or not. In the light of that, according to us, no case is made out for interference in the impugned order. Petition is dismissed summarily with no order as to costs. [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/wp4316-09