1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 3192 OF 2010 The State of Maharashtra through Dy. Director, Health Services and anr. .... Petitioner vs Shri Vithal Hari Patil .... Respondent Ms.A.D. Vhatkar, AGP for the petitioner. Mr. V.P. Pai i/by M.B. Gawade for respondent. CORAM: ANOOP V. MOHTA, J. DATE : 16th April, 2010 P.C.: 1 Rule, returnable forthwith. Heard finally. 2 The petitioner/State Government has challenged the order dated 26.02.2010 passed by the Member, Industrial Court No.2, Kolhapur, whereby the Order of suspension dated 17.12.2009 has been stayed and thereby directed the petitioner/original complainant to work and perform his duties and pay him wages also. 3 The cause of action arose on 3.3.2009. However, the order of suspension was issued on 17.12.2009 i.e. practically after 9 months of the incidence. It is not uncommon that after the suspension order, the proceeding or the Departmental Inquiry takes time to complete. In the present case, the suspension 2 order itself was issued after 9 months and inquiry is still pending. Therefore, the pendency of the inquiry or investigation that itself cannot be the reason to stay the order of suspension as is done in the present case. The Law/Rule prescribes the procedure in such circumstances also by providing the suspension allowance and all other benefits as per the Rules. The delay, therefore, itself should not be the reason to grant such ad-interim relief, the effect of which is just to pass final order in the matter. In my view, such interim relief of stay of suspension order is impermissible. It will frustrate the whole object and purpose of the order of suspension. 4 In the result, the impugned order dated 26.02.2010 is quashed and set aside. However, considering the above, the Complaint need to be disposed of as early as possible, preferably within three months. 5 The Petition is allowed accordingly. No order as to costs. 6 Rule is made absolute in the above terms. (ANOOP V. MOHTA, J.)