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Bombay High CourtWP/2100/2026disposed off

Shilpa D/O Sukhdeo Gawande v. State Of Maharashtra, Thr. Prin. Secretary, Water Supply And Sanitation Dept., Mumbai And ORS.

2026-03-10Hon'Ble Shri Justice Anil S. Kilor , Hon'Ble Shri Justice Raj D. Wakode2 pages

2026:BHC-NAG:4041-DB 104 WP-2100-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.2100 OF 2026 [Shilpa D/o Sukhdeo Gawande ..vs.. State of Maharashtra and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri. A. B. Mirza, Advocate for Petitioner.

Shri. S. M. Ukey, Addl. G. P. for Respondent/State. CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATE : 10 th MARCH, 2026 .

.

Heard Shri. A. B. Mirza, learned counsel for petitioner. 2.

The contention is that the petitioner, who was working with respondent No.3, had lodged a criminal complaint on the basis of which First Information Report was registered against respondent Nos.5 and 6. In pursuance of such FIR, respondent No.3 had suspended respondent No.5 vide order dated 14.07.2025.

3.

However, respondent No.5, on the basis of the interim order dated 08.10.2024 passed in Criminal Application No.1464 of 2024, wherein this Court had directed that the investigation may proceed but the charge-sheet shall not be filed without obtaining leave of this Court, represented before respondent No.3 that this Court had stayed such proceedings and accordingly requested for reinstatement. The suspension order which was passed on 14.07.2025 was revoked on 28.07.2025, on the basis of such interim order dated 08.10.2024. The order dated 28.07.2025 is at record page No.83 (Annexure - H). 4.

Shri. Mirza, learned counsel for petitioner, has invited our attention to the order dated 24.07.2025 passed by this Court in

104 WP-2100-2026 the aforesaid Criminal Application, whereby permission was granted to respondent No.5 to withdraw the said application with liberty to take recourse to the remedy as available in law. Thus, in view of the fact that aforesaid suspension which was revoked only on the basis of the interim order of this Court, the petitioner immediately pointed out such withdrawal to the respondent No.1 vide representation dated 20.08.2025. The representation dated 20.08.2025 is at record page No.85 (Annexure - I).

5.

By virtue of the aforesaid representation, the petitioner has prayed for setting aside the reinstatement order dated 28.07.2025 passed by respondent No.3 and for restoring the suspension order dated 14.07.2025 against respondent No.5. Similar reliefs are sought in the present writ petition. 6.

In view of the above, since the petitioner has already submitted a representation dated 20.08.2025 before respondent No.1 seeking the aforesaid reliefs, we dispose of the present writ petition with a direction to respondent No.1 to decide the said representation within a period of eight weeks from the date of production of this order.

7.

The decision taken thereupon shall be communicated to the petitioner so also to respondent No.3 for further necessary action within a period of two weeks from the date of such decision.

8.

The present writ petition is, accordingly, disposed of. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) TAMBE Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 11/03/2026 10:51:17