Dismissed

Ashok Bhaguji Zombade v. the State of Maharashtra

Bombay HC18 Feb 2005WP/2304/2004

Case brief

AI extract

What is this about?

The bench held that rejecting a furlough leave application merely because the surety failed to appear before the police officer violates natural justice and law. The impugned order is set aside, and the authorities are directed to reconsider the application within four weeks.

What did the court decide?

Impugned order set aside; authorities directed to reconsider application within four weeks.

Ashok Bhaguji Zombade Vs the State of Maharashtra — Service and Employment | Bombay HC (2005)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE SIDE

¶2

 CRI. WRIT PETITION NO. 2304 OF 2004

¶3

-----------------------------------------------------------------------------
Office Notes, Office Memoranda of :

¶4

of Coram, appearances, Court’s orders : Court’s or Judge’s orders
and Registrar’s orders. :

¶5

CORAM: R.M.S. KHANDEPARKAR &
 P.V. KAKADE, JJ.
DATED: 18TH FEBRUARY, 2005
P.C.:

¶6

 1. Heard. Perused the record.
 Apparently, the application for
 furlough leave has been rejected solely
 on the ground that the surety did not
 appear before the police officer when
 called for. Such a order cannot be
 sustained as it is not only contrary to
 the provisions of law but against the
 basic principles of natural justice.
 Hence the impugned order rejecting the
 furlough leave is set aside and the
 authorities are directed to reconsider
 the application in accordance with the
 provisions of law. In case the
 respondent desires to have another
 surety, certainly, the respondent can
 call the petitioner to furnish such
 other surety. However, only because
 one surety fails to appear before the

¶7

 police officer that by itself cannot be
 a ground for rejecting the application.
 Hence, the impugned order is set aside
 and the application is directed to be
 decided within four weeks from today.
 Petition accordingly stands disposed
 of.

¶8

 (R.M.S. Khandeparkar, J.)

¶9

 ( P.V. Kakade, J. )

Ashok Bhaguji Zombade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Ashok Bhaguji Zombade v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

Similar cases

The State of Maharashtra Vs Tahira Suleman Sayyed

Sandeep Dharamshankar Singh and Ors. Vs the State of Maharashtra

Mujibur Rehaman Abdul Ganikhan Vs the State of Maharashtra and Ors.

Gotya @ Savala Chima Fulaware Vs the State of Maharashtra

Kamlakar Abudl Pawar Vs the State of Maharashtra

Shahid Hussain Iqbal Shaikh @ Kanya Babu Vs A.N. Roy and Ors.