Suresh Chaitram Patil v. The Chief Executive Officer Midc And Others

27wp9794-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 WRIT PETITION NO. 9794 OF 2024 SURESH CHAITRAM PATIL

VERSUS

THE CHIEF EXECUTIVE OFFICER MIDC AND OTHERS ...

Mr. Vinod P. Patil, Advocate for the Petitioner Mr. A. B. Girase, Government Pleader for the Respondents State Mr. S. S. Deve, Advocate for Respondent Nos. 1 to 7

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 10th September, 2024 ORDER:

1.

The present Writ Petitioner has superannuated from service. A criminal case under the Prevention of Corruption Act is pending against him. His retiral benefits have been withheld by the MIDC. By office orders dated 20.05.2016 and 27.10.2022, the MIDC has released the gratuity, leave encashment, medical leave payable to Mr. D. L. Sapkale and Mr. Ramesh Thoke. Admittedly, both of them are identically placed with the Petitioner. Both are still facing criminal trial under the Prevention of Corruption Act, as like the Petitioner. All three have retired from employment.

2.

In view of the above, we direct the MIDC to issue an identical order, in respect of the Petitioner, as like the one issued to Mr. D. L. Sapkale and Mr. Ramesh Thoke, within 15 days from today. The

27wp9794-24 amounts that are to be released as like Mr. Sapkale and Mr. Thoke, would be subject to the pending criminal case against these three persons 3.

With the above directions, this Writ Petition is disposed off. 4.

The MIDC is at liberty to request the concerned Trial Court for an expeditious completion of the trial in the case of these three persons and in which case, the concerned Trial Court shall expedite the proceedings.

( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan