1 IN IN IN THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY THE HIGH COURT OF JUDICATURE OF BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.527 OF 2009 The President, Khairul Islam Higher Education Society’s Maharashtra College & anr. ..Petitioners. V/s. Prof.Patankar Nisarali M. & Ors. ..Respondents. Mr.Ajit S.Karwande for petitioner. Mr.A.L.Gore i/b. C.J.Abhyankar for Respondent Nos. 1 and 2. Ms.Sindha Sridharan, AGP for Respondent No.3. CORAM: CORAM: CORAM: A.M.KHANWILKAR,J A.M.KHANWILKAR,J A.M.KHANWILKAR,J DATE DATE DATE : APRIL 15, 2009. : APRIL 15, 2009. : APRIL 15, 2009. P.C. P.C. P.C. : : : 1. Heard Counsel for the parties. 2. I am in agreement with the opinion recorded by the Tribunal that fair opportunity has not been accorded to the Respondent during the conduct of enquiry. That itself is a good ground for reversing the enquiry process with direction to reinstate the Respondent. Indeed, the Petitioners may be free to proceed against the Respondent on the basis of same charges and continue with the enquiry from the stage of demand made by the Respondent to furnish certain documents which was reiterated in communication dated 17th August, 2007 where the Respondent made it more 2 than clear that he would require those documents in advance and not during the course of enquiry. It is not in dispute that the Respondent may be entitled to get the very same documents by taking recourse to RTI option as is noticed from the communication dated 26th July, 2007 sent by the Respondent. Surely, a person who is facing departmental enquiry is entitled to be furnished with the relevant documents in advance and not taking him by surprise by furnishing the same when the enquiry is in progress and the witnesses are being examined. 3. In the circumstances, no interference in exercise of writ jurisdiction is warranted, except to clarify above. Hence dismissed. 4. Direction given by the Tribunal to comply the impugned order will however, stand extended till 30th June, 2009. (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)