sat 1 wp 1026-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1026 OF 2011 Shrinivas Vasant Kulkarni ...Petitioner vs. The Municipal Corporation of Greater Mumbai & Ors. ...Respondents Mr.N.V. Sanglikar for the Petitioner. Ms.S.M. Modale for the Respondents(BMC). CORAM : D.B. BHOSALE AND M.L. TAHALIYANI, JJ. SEPTEMBER 27, 2011 P.C :- 1 Heard learned Counsel for the parties. 2 This petition is directed against the order dated 5th March, 2011. 3 Learned Counsel for the Corporation at the outset on the instructions from the Deputy Chief Security Officer, who has filed reply affidavit dated 26th September, 2011, submits that the petitioner has impugned in the present petition the office notings dated 5th March, 2011 and sat 2 wp 1026-2011 that it is not a final order passed by the Corporation. In other words, the final decision is not yet taken on the representation made by the petitioner seeking condonation of entire suspension period and restoration of his original seniority. In view thereof, it was submitted that the challenge in the present petition is premature. She further submits that the Additional Municipal Commissioner (Eastern Suburbs) shall take final decision on the basis of the noting dated 5th Mach, 2011 within a period of eight weeks from today. 3 Her statement is accepted. 4 In view of the submissions made by learned Counsel for the Corporation, we are satisfied that the writ petition is premature, hence, we dispose it of by the following order :- The Additional Municipal Commissioner (Eastern Suburbs) shall take a final decision as aforementioned, as expeditiously as possible and within a period of eight weeks from the date of receipt of this order, on merits in accordance with law and after giving an opportunity of being heard to the petitioner. sat 3 wp 1026-2011 The learned Counsel for the Corporation to communicate this order to the concerned Additional Municipal Commissioner within a period of two weeks from today. 5 We hope and trust that the Additional Municipal Commissioner (Eastern Suburbs) while taking final decision shall take into consideration the order passed in case of similarly placed persons condoning the entire suspension period. While making this observation, we shall not be understood to have issued any direction in that regard and the Additional Commissioner shall decide the matter as aforementioned strictly in accordance with law. 6 All contentions of the parties are kept open. 7 It is open to the petitioner to place on record an additional representation along with relevant documents, if any, before the Additional Municipal Commissioner (Eastern Suburbs) within a period of two weeks from today. (M.L. TAHALIYANI, J.) (D.B. BHOSALE, J.) sat 4 wp 1026-2011