1 4646.10 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4646 OF 2010 Shri.Mahadev Shankar Wale ...Petitioner Versus The Hon’ble Minister, Social Justice & Special Assistance, Maharashtra State & Ors. ...Respondents ...... Mr.Ashok Tajane for Petitioner. Mr.C.R.Sonawane, A.G.P. for Respondent Nos.1 to 5 & 10. Mr.Surel Shah for Respondent No.6. Mr.P.D.Pise for Respondent No.8. Mr.Shirish Mohod, Section Officer, Social Justice & Special Assistance Department, Mantralaya, is present. ...... CORAM:- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATED:- APRIL 29, 2011. P.C. 1. The petitioners had approached this Court essentially because of the inaction of the authorities in not initiating appropriate inquiry inspite of the order passed by the Secretary of the Social Justice and Special Assistance, Government of Maharashtra dated 13th May, 2009 and 29th May, 2009. The Principal Secretary of Social Justice and Special Assistance Department, Government of Maharashtra has now filed affidavit before this Court sworn 2 4646.10 on 7th January, 2011 which reveals that preliminary inquiry has already been conducted on the basis of which the matter will be now taken to its logical end against the concerned persons including the erring Officials. 2. The petitioner, however, submits that in the preliminary inquiry, the factual position relevant for the financial year 1995 to 2003 has not been adverted to and will not be made subject matter of further inquiry. It is premature to assume that the same will not be considered in the proposed inquiry. Assuming that the departmental inquiry does not cover those matters, after the said inquiry is finally concluded, it will be open to the petitioner to agitate those questions by way of appropriate proceedings, if so advised. 3. The learned A.G.P. states that the petitioner is free to make representation to the concerned Authority who in turn will inquire into all aspects of the matter. Further, the petitioner can also participate in the said inquiry. The learned A.G.P. on instructions states that the said Authority will consider all aspects of the matter including the issues brought to its notice by the petitioner. 3 4646.10 4. In view of the above, nothing survives for consideration in the present Petition. All questions pertaining to the allegations made by the petitioner in the present Petition are left open to be considered on its own merits in the appropriate proceedings. 5. Petition disposed of accordingly. 6. We hope and trust that the proposed inquiry will be taken to its logical end as expeditiously as possible, in any case, not later than 31st March, 2012. (MRS.MRIDULA BHATKAR, J.) (A.M.KHANWILKAR, J.)