1 WP No.2688/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2688 of 2010 The State of Maharashtra & ors. ... Petitioners versus Shri Suresh Gundurao Wandkar ... Respondent ... Mr. P.G.Sawant AGP for the petitioners Mr. S.S. Patwardhan for respondent. CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 7th September 2010 P.C. 1. By this petition, petitioner State of Maharashtra challenges two orders passed by the Maharashtra Administrative Tribunal. By one order delay in filing of O.A has been condoned. Condonation of delay is the discretion of the Court and once the Court exercises that discretion and is the delay is condoned writ court normally does not interfere with such order. We do not propose to disturb that order specially because the order passed by the MAT on merits dated 10th July 2009 is perfectly in accordance with law. The respondent was in Government service. He was prosecuted in criminal court. Therefore he was placed under suspension. He was acquitted by the Criminal Court. Thereafter, 2 WP No.2688/10 the show cause notice was issued to him asking him to show cause why the period during which he was under suspension should not be treated as “no duty” and an order was made treating that period as “no duty”. That was the order challenged before the MAT. MAT has found that criminal court acquitted the respondent for lack of evidence and that the order treating the period of suspension as “no duty” was passed under the impression that the State’s appeal against the order of the criminal court acquitting the respondent was pending. In our opinion, the order passed by the MAT is valid. Petition cannot be entertained and hence, Petition is rejected. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)