The petitioner sought an extension of furlough leave granted for two weeks which expired on 8.4.2010. The respondent noted that the petitioner surrendered on 8.6.2010 without prior application for extension. The court held that the cause of action did not survive.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Criminal Writ Petition No.311/2010
[Vishwas Rajaram Dhanwane .vrs. State of Maharashtra and another]
................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders
CORAM : A.P. LAVANDE & P.D. KODE, JJ.
DATED : AUGUST 10, 2010.
Heard Mr. Manoj Mishra, learned counsel for the petitioner and Mrs. K.S. Joshi, learned APP for the respondents.
By this petition the petitioner seeks extension of furlough leave which was granted to him. Pursuant to order seeking furlough leave the petitioner was released on furlough on 8.4.2010 for a period of two weeks. Before expiry of the said period, the petitioner filed the present petition seeking extension of furlough.
Reply filed on behalf of the respondents discloses that the petitioner neither surrender in time nor sought extension of furlough leave with the Competent Authority. Reply further discloses that the
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petitioner thereafter surrendered on 8.6.2010.
In view of the above, the cause of action in the present petition does not survive and the petition stands disposed of accordingly.
The fees of Advocate Mr. Manoj Mishra, who has been appointed to appear on behalf of the petitioner, are quantified at Rs.750/-.
JUDGE JUDGE
Gulande
3 issues framed by the court
Whether the petition for extension of furlough leave was maintainable given the petitioner's belated surrender.
Whether the cause of action for the petition survives after the expiry of the initial furlough period without extension.
Whether the petitioner was entitled to the relief of extension of furlough leave.
Vishwas Rajaram Dhanwane
State of Maharashtra
A.P. LAVANDE
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
