IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3642 OF 2001 WITH WRIT PETITION NO. 6664 OF 2002 The State of Maharashtra & anr.......Petitioners versus Arun N. Tatkare ........ Respondant. Mrs. J.S. Pawar Addl.G.P. For petitioner in W.P. no.3642/01 and for Respondent nos. 1 to 3 in W.P. 6664/02 Mr. N. V. Bandiwadekar for Petitioner in W.P. 6664/02 Mrs. P.A. Birje for Respondent in W.P. 3642.01. CORAM: SWATANTER KUMAR, C.J., & A.P. DESHPANDE, J. DATED: 7TH JULY 2008. P.C.: 1. Writ Petition No.3642/01 is filed by the State of Maharashtra challenging an order dated 4th May 2001 passed by the Maharashtra Administrative Tribunal in Original Application No. 86 of 2001 whereas Writ Petition No. 6664/02 questions the legality and validity of an order passed by the Full Bench of Maharashtra Administrative Tribunal dated 7th June 2002. The question involved in both the petitions is common and relates to a departmental enquiry to be conducted against the delinquent employees. The view taken by the Full Bench of the Tribunal was questioned before a Division Bench of this Court. This Court in case of State of Maharashtra Vs. Dilip Anant Surve reported in 2005(3) Mh.L.J. Page 98, held that the disciplinary authority is not divested by the guidelines or the administrative instructions of the power to hold the enquiry himself or appoint another person to hold enquiry. The said view taken by the Division Bench has been followed by another Division Bench while disposing of Writ Petition No. 4430/03 in the case of State of Maharashtra Vs. Ravindra Lahu Dhayawat. We have no reason not to follow the judgments of this court referred to herein above and, for the reasons recorded therein, we allow the Writ Petition No. 3642/01. We dismiss Writ Petition No.6664/02 and remand the matter back to Maharashtra Administrative Tribunal for being dealt with in accordance with the law. No order as to costs. CHIEF JUSTICE A.P. DESHPANDE, J.