1 WP-1563/11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1563 OF 2011 Tushar P Wagh : Petitioner versus The Chairman Board of Governors Indian Institute of Technology and ors. : Respondents. Mr. Sandeep V Marne for the Petitioner. Mr. P M Patel i/by Bhaishankar Kanga & Kirdharlal for the Respondents. CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 23rd August 2011 P.C. 1 Termination of service of the Petitioner on the ground of his unsatisfactory performance during the period of his probation is under challenge in the instant Writ Petition. The learned counsel for the Petitioner states that the Petitioner has already preferred an appeal before the Chairman, I.I.T. on 31st March 2011. It is pointed out that no decision, one way or the other, is taken by the Chairman on the said appeal. The learned counsel for the Respondents submitted that C.C.S. Rules are not applicable, so far as Respondent-I.I.T. Is concerned. 2 In our view, since the Petitioner has already preferred an appeal to the Appellate Authority, it is for the Appellate Authority to consider as to whether such an appeal is maintainable or not and pass appropriate orders on 2 WP-1563/11 the said appeal in accordance with law. The Appellate Authority to dispose of the appeal preferred by the Petitioner within a period of two months from date and communicate its order to the Petitioner immediately. Ad-interim relief granted by this court regarding eviction from the official quarters to continue till decision of the Appellate Authority on the said Appeal. Petitioner to pay regular licence fee if not paid so far and not to transfer, alienate and/or create any third party rights in respect of the quarters in question. 3 With the aforesaid directions, the writ petition is disposed of. [R.M.SAVANT, J] [P.B.MAJMUDAR, J]