Tausif Fariduddin Farukhi v. The State Of Maharashtra Through Principal Secretary And Others

2024:BHC-AUG:2866-DB - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 WRIT PETITION NO. 300 OF 2024 TAUSIF FARIDUDDIN FARUKHI

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS Mr.R.B.Temak, Advocate for the Petitioner.

Mr.P.K.Lakhotiya, AGP for Respondent Nos. 1 and 2. Mr.S.R.Dheple, Advocate for Respondent No.3.

( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : FEBRUARY 7, 2024 PER COURT :

1.

The Petitioner has been terminated from the service of the employer on account of his conviction in Special POCSO Case No.8/2016, vide judgment dated 20.10.2021. The Petitioner has approached this Court in Criminal Appeal No.568/2021 and by order dated 28.01.2022, this Court has suspended the sentence. The Petitioner has put forth a prayer in this Petition that as the sentence has been suspended, he should be reinstated in service. 2.

It is undisputed that the appeal is pending and it is only the khs/Feb.2024/300

- 2 - sentence that has been suspended.

3.

The learned Advocate for the Petitioner seeks leave to withdraw this Petition with liberty to file a fresh Petition for reinstatement in service, if he is acquitted in the pending appeal. 4.

With the liberty as is prayed for, this Petition is disposed off, as withdrawn on instructions.

( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Feb.2024/300