Praveen Pundalikrao Raut v. State Of Maharashtra, Through Its Secretary, Ministry Of Home Dept. Mumbai And Another

2311apl116.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APL) NO. 116 OF 2016 (Praveen Pundalikrao Raut vs. State of Maharashtra thr. Secretary, Ministry of Home Department & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

NOVEMBER 23, 2016.

Heard Shri N.B. Rathod, learned counsel for the applicant, Shri M.J. Khan, learned APP for non-applicant Nos. 1 & 2 and Shri P.D. Meghe, learned counsel for nonapplicant No. 3. Perused the seniority list of the employees in the cadre of Agricultural Officer as on 01.01.2015 wherein date 31.03.1994 is mentioned against the applicant as the date of passing the Departmental Examination conducted after recruitment. The applicant submits that he was under impression that the examination passed by him in the year 1984 is being looked into while taking this entry. The applicant was under suspension from 1993 and has been reinstated in the year 2005, after his dismissal. The petitioner, therefore, has sought benefit of that entry. In this situation, in the extra ordinary jurisdiction, we are not inclined to go into any disputed facts. We leave the contentions of the applicant open. Prima facie as he has tried to take advantage of that entry, we refuse to intervene in the matter.

2311apl116.16 With liberty to the applicant to raise all the grievances at appropriate juncture and to move suitable application as he may be advised and keeping all rival contentions open, we dispose of the present Criminal Application. No costs.

JUDGE JUDGE *GS.