1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.556 OF 1998 Sayyad Istehaq Ali s/o Sayyad Shujat Ali, aged: 42 years, Occ: service, R/o House No.1112, Hatkar Gully, Nanded-Ves, Kundalwadi, Tq.Biloli, District Nanded. Petitioner Versus 1 The State of Maharashtra. 2 The Collector, Nanded. 3 The Municipal Council, through its Chief Officer, Kundalwadi, Tq.Biloli, District Nanded. Respondents Mr. S.B.Talekar, advocate for the petitioner. Mr. N.B.Patil, A.G.P. for Respondents No.1 & 2. Respondent No.3 served. CORAM: B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 14 th July, 2010. ORAL JUDGMENT (Per B.R.Gavai, J.): 1 By way of present petition, the petitioner is seeking a direction to Respondent – Municipal Council to allow him to join as a Senior Clerk in the Municipal Council. According to the petitioner, the petitioner was required to take leave as his wife was suffering from liver cancer and, therefore, taking treatment at Hyderabad. However, after the treatment, when the petitioner 2 came back to Kundalwadi to join his services, the Chief Officer did not permit him to join the services and, therefore, the petitioner has approached this Court. 2 In the affidavit-in-reply filed on behalf of the Municipal Council, it has been categorically stated that as the petitioner was found involved in misappropriation of municipal funds, charge sheet has been filed and petitioner has obtained bail from the Sessions Court. The fact regarding pendency of the criminal proceedings against the petitioner has not been disclosed in the petition. The petitioner was not permitted to join the services on account of his involvement in the criminal case. 3 Apart from the fact that the petition is liable to be dismissed on the ground of suppression of material facts, we find that even on merits, since the petitioner is facing the criminal trial, no error can be found in not allowing the petitioner to join the services. 4 In that view of the matter, writ petition stands dismissed. Rule discharged. However, there shall be no order as to costs. (S.V.GANGAPURWALA) (B.R.GAVAI) JUDGE JUDGE ******* adb/wp55698