1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.3286 of 2008 [C.Y. Khandekar Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. G. M. Bagade, Adv., for the petitioner. Mr. N.W. Sambre, Govt. Pleader for respondent nos. 1 to 4. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 10th November,2008. Heard Mr. Bagade, learned counsel for the petitioner, who is aggrieved by the order dated 23rd April, 2008 passed by the Maharashtra Administrative Tribunal, Nagpur Bench. By the said order, Civil Application No. 45 of 2007 filed for amendment in Original Application No. 104 of 2005 came to be dismissed. The Tribunal held that by the proposed amendment, the petitioner was seeking to challenge the order dated 14th September, 2006 passed against the petitioner subsequent to the Show-cause-Notice dated 31st August, 2006, and the said order dated 14th September, 2006 is an appealable order under Rule 17 of the Maharashtra Civil Services [Discipline & Appeal] Rules, 1979. The Tribunal referred to the provisions of Section 20 (1) of the 2 Administrative Tribunal Act, 1985, and held that it shall not ordinarily admit the application unless it is satisfied that the applicant had availed of all the remedies available to him under the relevant Service Rules. There is no doubt that the order dated 14th September, 2006 is an appealable order under Rule 17 of the Maharashttra Civil Services [Discipline & Appeal] Rules, 1979 and, therefore, the view taken by the Tribunal in the impugned order does not suffer from any errors. Hence the petition is rejected and the petitioner is at liberty to file an appeal under Rule 17 of the Maharashtra Civil Services [Discipline & Appeal] Rules, 1979. Judge Judge |Hedau|