1 wp651.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 651 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. V.N. Upadhye, Advocate for the petitioner. 1. Heard Advocate Mr. Upadhye for petitioner. He strenuously tries to urge that limited questions involved are, whether Enquiry Officer can issue witness summons ? and whether, absence of deposition of Shri. Halwai has been properly evaluated ? 2. In view of the judgment of the Apex Court reported at "A.I.R. 1975 S.C. 1900" (Cooper Engineering Limited V/s Shri P.P. Mundhe), it is apparent that such adjudication on validity or otherwise of the Departmental enquiry as preliminary issue can not be questioned before this Court and the petitioner is at liberty to raise all these contentions after final adjudication of the dispute. 3. Here in this situation, I am not inclined to interfere 2 wp651.11 as both the Courts have concurrently found enquiry to be vitiated. 4. With liberty to petitioner, to raise all contentions at appropriate stage after ULP Complaint is finally decided, the present Writ Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE. 27.01.2011 gas/wp651.11