Bombay High CourtCAW/1763/2019admittedallwdgrantedrule absolute

Maharashtra State Electricity Distribution Company Limited,Through Its Superintending Engineer And v. Anup Sahebrao Kumbhalkar

2019-07-04Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4498.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4498/2019 Maharashtra State Electricity Distribution Company Limited, through its Superintending Engineer, O & M Division, Chandrapur ..Vs..

Anup Sahebrao Kumbhalkar - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.D. Mohgaonkar, Advocate for the petitioner. CORAM : Z.A. HAQ, J.

DATED : 4.7.2019.

C.A.W. NO.1763/2019 Accepting the explanation given in the application, petitioner is permitted to incorporate the proposed amendment. Amendment be carried out forthwith. Civil application is allowed accordingly. No costs.

WRIT PETITION NO.4498/2019 On oral request, leave to carry out correction in prayer clause (1) granted. Amendment be carried out forthwith.

Heard.

Relying on the judgment given by the Hon'ble Supreme Court in the case of Devendra Kumar V/s. State of Uttaranchal and others reported in (2013) 9 SCC 363 (paragraph No.12), it is submitted that as the

2 wp4498.19 respondent / employee has suppressed the material information regarding his prosecution while submitting application seeking appointment, he is not entitled for reinstatement and back-wages. It is argued that the subordinate Courts have committed an error by directing reinstatement of the respondent / employee.

Issue notice to the respondent, returnable on 4th October, 2019.

There shall be ad interim order in terms of prayer clause (1-A) until further orders.

JUDGE Tambaskar.