1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1405 OF 2009 Ramesh s/o Bapurao Rahate, R/o-House No.MIG-167, MHADA Colony, In front of Dhoot Hospital, N-2, Cidco, Aurangabad. ...PETITIONER. VERSUS 1) The Maharashtra State Road Transport Corporation, through its Vice Chairman and Managing Director, Vahatuk Bhavan, Mumbai Central, Mumbai, 2) The Regional Manager, Regional Office, Maharashtra State Road Transport Corpn., Cidco, Aurangabad, 3) The Executive Engineer, Regional Office, Maharashtra State Road Transport Corpn., Cidco, Aurangabad, 4) The Divisional Controller, Maharashtra State Road Transport Corpn.,/MSRTC, Division-Aurangabad. ...RESPONDENTS. ... Mr.P.K. Joshi Advocate for Petitioner. Mrs.R.D. Reddy, Advocate for the Respondents. ... 2 CORAM: A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 13TH JANUARY, 2010. PER COURT : 1. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. Preliminary objection is raised by the counsel for the Respondents that the Petitioner without challenging the order dated 19th January, 2009, has merely challenged the show cause notice, which is consequence of the said order. More over the Petitioner can take recourse to statutory appeal against the decision dated 19th January, 2009, which the Petitioner has not filed so far. 3. Counsel for the Petitioner, on the other hand, submits, in that case the Petitioner would proceed 3 to file the appeal before the appellate authority as provided by the Discipline and Appeal Procedure, within two weeks from today. But during the pendency of the said appeal, the Respondents should not precipitate the matter against him. 4. We have no difficulty in acceding to this request. That approach would be just and proper. In the circumstances, we dispose of this Petition with liberty to the Petitioner to challenge the order dated 19th January, 2009 by way of appeal as aforesaid, within two weeks from today. If appeal is not filed within two weeks from today, it will be open for the Respondents to proceed against the Petitioner in accordance with law. 5. However, if such appeal is filed, till the same is finally disposed off, the Respondents shall not precipitate the matter against the Petitioner. The appeal will have to be decided on its own merits, in accordance with law. Appeal shall be decided preferably within three months 4 from the date of its institution. All questions in that behalf are kept open. . Rule is made absolute on the terms indicated above. [S.S. SHINDE, J.] [A.M. KHANWILKAR, J.] asb/JAN10/wp1405.09