Sharp Services v. The Deputy Secretary, Maharashtra Public Service Commission

5.1424.23-wp.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2023.09.02 13:16:10 +0530 BASAVRAJ GURAPPA PATIL WRIT PETITION NO.1424 OF 2023 Sharp Services ..... Petitioner Vs.

The Dy. Secretary, Maharashtra Public Service Commission ..... Respondent Mr. Rashid Khan I/b. Suvarna Joshi for the Petitioner Mr. Abhay L. Patki, Addl. GP for the State

CORAM:

DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J.

DATE : SEPTEMBER 1, 2023 P.C.

1.

Heard learned Counsel for the Petitioner and learned Counsel representing the Respondent - Maharashtra Public Service Commission (hereinafter referred to as the MPSC). 2.

Though, in this petition instituted under Article 226 of the Constitution of India, a challenge has been made to order dated 14th August 2020 passed by the Secretary, MPSC, whereby the contract entered into between the Petitioner and the MPSC has been cancelled, the security deposit has been ordered to be Basavraj 1/2

5.1424.23-wp.docx forfeited and the Petitioner has been debarred from any business dealings with the MPSC, however, learned Counsel for the Petitioner, on instructions, states that the Petitioner may be permitted to withdraw the Petition with liberty to approach the competent authority of the MPSC for reduction of the period of debarment.

3.

In view of the aforesaid, the Writ Petition is dismissed as withdrawn with liberty to the Petitioner to approach the competent authority of the MPSC by way of making an Application / Representation seeking reduction of period of debarment.

4.

If any such Application / Representation is made, the same shall be considered and a decision be taken by the competent authority of the MPSC keeping in view that the Petitioner, under the agreement was to operate during difficult times caused by COVID-19. Such decision shall be taken within four weeks from the date such Application / Representation is made under this order by the Petitioner to the competent authority of the MPSC. (ARIF S. DOCTOR,J) (CHIEF JUSTICE) Basavraj 2/2