The High Court rejected a criminal writ petition seeking to quash an order rejecting the Petitioner's claim for furlough leave. Citing the Petitioner's repeated failure to surrender and overstaying on two prior occasions, the Court found no fault in the impugned order.
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(G.C.P.)J 455 (5,00,000)-11.2001) Spl-H.C.,A.S.,C.D.,78e
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CRIMINAL WRIT PETITION NO.1222 OF 2004
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Office Notes, Office Memoranda Court’s or Judge’s orders
of Coram, appearances, Court’s
order or directions and
Registrar’s order.
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Shri D.S.Mhaispurkar, APP for the
Respondent.
CORAM: R.M.S.KHANDEPARKAR
&
P.V.KAKADE, JJ
DATED: 4th February, 2005.
P.C.
. Perused the records and the
affidavit-in-reply. Considering the facts
disclosed in the affidavit in reply that on
the last occasion, it is revealed that the
Petitioner did not surrender on the date on
which he was required to surrender, after
availing the facilities of furlough leave
and had overstayed for a period of 211 days,
and again when he released on 16th December,
2000, he overstayed for 120 days and was
arrested by the police. It is apparent that
on the last two occasions, the Petitioner
had overstayed for a period of 211 days and
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120 days, beyond the period of furlough
leave. In the circumstances, therefore,
considering the provisions of law and the
conduct of the Petitioner, no fault can be
found with the order rejecting the furlough
leave to the Petitioner. Hence, the
petition is rejected. The Respondents to
intimate the order to the Petitioner.
(R.M.S.KHANDEPARKAR, J )
(P.V.KAKADE, J )
1 issue framed by the court
Whether the order rejecting the Petitioner's application for furlough leave should be quashed given his history of overstaying previous leaves.
Petitioner
Respondents
R.M.S. Khandeparkar
P.V. Kakade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court