Mohammed Abdul Haq S/O Mohammed Abdul Wahab v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:28685-DB 909-WP-8981-25.odt {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO. 8981 OF 2025 Mohammed Abdul Haq S/o Mohammed Abdul Wahab

VERSUS

The State Of Maharashtra Through Its Principal Secretary And Others ......

Ms. Nishat Shaikh, Advocate h/f Mr. Mohd Aseem Mohd Abdul Kaleem, Advocate for Petitioner Ms. P.R. Bharaswadkar, AGP for Respondents No.1 to 3 ......

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 09 OCTOBER, 2025 PER COURT :- 1.

Heard the learned Advocate Ms. Nishat Shaikh holding for Mr. Mohd. Aseem for the petitioner and learned AGP for respondents No. 1 to 3.

2.

It appears that the petitioner was found guilty in a departmental enquiry, and a show-cause notice was issued on 01.09.2023, as to why an amount of Rs.10,000/- should not be deducted from his pension as a punishment. It further appears that in response to the said notice, the petitioner submitted his representation or say on 13.09.2023 and since it was still pending, he has given two reminders, dated 22.02.2024 and 09.12.2024, respectively.

909-WP-8981-25.odt {2} 3.

What we could get from all these communications is that the final order in respect of the departmental enquiry, i.e., punishment, has not yet been imposed.

4.

In such circumstances, the learned AGP submits that when it comes to passing the final order, respondent No. 2 would consider the representation given by the petitioner.

5.

We dispose of the writ petition by directing respondent No.2 to consider the petitioner's representations dated 13.09.2023, 22.02.2024, and 09.12.2024 on their own merits while passing the final order. [ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane