1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2040 of 2008. Smt. Jaya Ramesh Charkhe. Vs. Divisional Social Welfare Officer, Amravati. ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Anand Parchure, Advocate for the Petitioner. Mrs. Bharti Dangre, Addl. G.P. for Respondent NO.1. Shri D. M. Upadnhye, Advocate for the R.No. 3 to 6. Coram: B. H. Marlapalle and A. H. JOSHI, JJ. Dated: 6th OCTOBER 2008. 1. Heard Mr. Parchure, the learned Counsel for the Petitioner. 2. By an order dated 18-12-2006, the petitioner came to be removed from service by the Respondent Management (Respondent No.3). The said order was challenged by filing an appeal before Respondent No.1 who was pleased to allow the appeal as per his order dated 12-2-2008. Respondent No.1 held that the enquiry conducted against the petitioner was not in keeping with view the principles of natural justice and, 2 therefore, de novo enquiry was ordered to be conducted. However, the impugned order of dismissal was not set aside, no further order was passed regarding payment of subsistence allowance or full salary, and hence, this petition. 3. We have perused the order dated 12-2-2008 passed by Respondent No.1, and though the said order held that the enquiry conducted against the petitioner was vitiated, no further directions are set out in the said order for reinstating the petitioner in service or for payment of subsistence allowance or payment of full salary till the de novo enquiry is completed. 4. We are informed by the learned Counsel for Respondent No.3 that the fresh enquiry was ordered, but on account of the pendency of this petition, the enquiry could not proceed. 5. We direct that the enquiry, as per the order passed by Respondent No.1, be held afresh and completed on or before 31-12-2008, and if the 3 petitioner is found guilty, the final action on the said enquiry report shall be taken by Respondent No.3 before 31st January, 2009. The petitioner should be paid, by way of subsistence allowance, 50% of her basic salary and dearness allowance from 1st March 2008 to 31-1-2009 or till the final action is taken on the basis of de novo enquiry by the management whichever date is earlier. 6. This Order is passed without prejudice to the rights and contentions of the respective parties. 7. The petition is disposed off in terms of the above direction. JUDGE JUDGE Sbm