IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.421 of 2007 Chamber Summons No.421 of 2007 Chamber Summons No.421 of 2007 in in in Writ Petition (L) No.2428 of 2007. Writ Petition (L) No.2428 of 2007. Writ Petition (L) No.2428 of 2007. Sunil Ramlingam Reddy ..Petitioner versus Union of India & Ors. ..Respondents Mr.N.P.Deshpande for the Petitioner Mr.T.J.Pandian for the Respondent Coram : Swatanter Kumar, C.J. & Coram : Swatanter Kumar, C.J. & Coram : Swatanter Kumar, C.J. & J.P. Devadhar, J. J.P. Devadhar, J. J.P. Devadhar, J. Dated : 26th March, 2008 Dated : 26th March, 2008 Dated : 26th March, 2008 P.C. 1. During the course of hearing, the learned Counsel appearing for the Respondents stated that the Departmental Proceeding against the Petitioner have already culminated into an Order of Punishment. The Order was passed by the Competent Authority on 14.11.2007. The said Order has already been communicated to the Petitioner. It is further stated that under the statutory rules, the Order of Punishment is appealable. Thus, the Petitioner has equally efficacious alternate remedy. Therefore, not only the Chamber Summons should be dismissed, but even the Writ Petition is not maintainable. 2. Without prejudice to the rights and -2- contentions, the learned Counsel appearing for the Petitioner submits that he would file appropriate appeal against the Order of Punishment dated 14.11.2007, but the interest of the Petitioner in relation to occupying the residential Fpquarters given to him should be protected and the Appellate Authority shall be directed to deal with the appeal expeditiously. It is also contended on behalf of the Petitioner that the Department Enquiry was conducted in violation of Principle of Natural Justice. He was not given appropriate opportunity to cross examine the witnesses and the Departmental Enquiry also suffers from patent defects. 3. Be that as it may, in view of the statement made on behalf of the Counsels appearing for the parties, this Writ Petition is disposed of with liberty to the Petitioner to file appeal before the Appellate Authority as per the statutory rules, within two weeks from today. The same shall be dealt with and disposed of by the Appellate Authority within three months from filing the appeal. Order so passed shall be communicated to the Petitioner. However, till one month after -3- passing of the Order, if adverse, the Petitioner will not be forcibly vacated from the residential premises which he is occupying. . No order as to costs. ( Chief Justice.) ( Chief Justice.) ( Chief Justice.) (J.P.Devadhar, J.) (J.P.Devadhar, J.) (J.P.Devadhar, J.)