1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5149 OF 2009 Dinkar S/o Vishwanathrao Saraf .. Petitioner Versus 1. The State of Maharashtra and others .. Respondents Shri S. G. Bhalerao, Advocate for the Petitioner. Shri R. P. Phatake, A.G.P. for the Respondent No. 1. Shri S. R. Yadav, Advocate for the Respondents No. 2 and 3. CORAM : NARESH H. PATIL, AND N. D. DESHPANDE, JJ. DATE : 21ST APRIL, 2010. ORAL ORDER [Per NARESH H. PATIL, J. ] : . Heard. 2. The petitioner's grievance is that he retired on 30.06.2008 and thereafter departmental enquiry was initiated against him by the employer bank in the year 2009. The charge against the 2 petitioner is that he has wrongly made endorsements in the credit column and has deposited some amount in sundry creditors account instead of sundry debtors account. The petitioner further contends that the gratuity authority is not finalizing the issue in respect of payment of gratuity, as the bank authorities are raising ground before the controlling authority that the departmental enquiry is pending. Learned counsel for the petitioner submits that in absence of service Rules, the bank has no authority in law to initiate enquiry against the petitioner after retirement. 3. Learned counsel for the respondent/bank submits that there is alternate efficacious remedy to the petitioner. The respondent/bank contends that therefore, in the facts of the case, no writ could be issued. The counsel submits that the controlling authorities can deal with the issue. 4. Learned Assistant Government Pleader Shri Phatake submits that, the controlling authority should pass appropriate order on merits on the application pending if any. 5. In the facts of the case, we find that the petitioner may 3 resort to alternate remedy as permissible in law in respect of initiation of departmental enquiry by the employer. 6. We direct the controlling authority to decide the pending issue of payment of gratuity of the petitioner within eight weeks from the date of receipt of this order on its own merits by passing reasoned order. The writ petition is disposed of. The petitioner undertakes to co-operate with the controlling authority. 7. Authenticated copy be supplied to the learned counsel for the petitioner. [ N. D. DESHPANDE, J.] [NARESH H. PATIL, J.] bsb/April 10