sat 1 wp 2630-2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2630 OF 2011 Vijay Vithal Chavan ...Petitioner vs. State of Maharashtra & Anr. ...Respondents Mr.Prabha Badadare for the Petitioner. Ms.A.R.S. Baxi for Respondent No.2. CORAM : D.B. BHOSALE AND M.L. TAHALIYANI, JJ. OCTOBER 17, 2011 P.C :- 1 Heard learned Counsel for the parties. 2 In this writ petition, the petitioner seeks the following relief :- “b) This Hon’ble Court may be pleased to quash and set aside the impugned letters dated 02/11/2010 and dated 01/12/2010 and direct the Respondent No.2 to restore the appointment order dated 23/8/2011 issued to the Petitioner.” sat 2 wp 2630-2011 3 By letters dated 2nd November, 2010 and 1st December, 2010, respondent no.2 has denied to appoint the petitioner as Junior Operator in view of adverse report submitted by Vikhroli Police Station in respect of his character. The report is solely based on the fact that a criminal case under Sections 498A, 306 and 304(B) read with 34 of IPC is pending against the petitioner. It is the contention of respondent no.2 that this fact was suppressed by the petitioner while making application for the post of Junior Operator. 4 We have perused the application form submitted by the petitioner dated 1st August, 2010 (Exhibit F to the petitioner). From perusal of paragraph 11 of the prescribed form, it is clear that the petitioner did not suppress, as alleged, pendency of the criminal case against him. On the last occasion, we had directed learned Counsel for respondent no.2 to take instructions. 5 Today, Ms.Baxi, learned Counsel for respondent no.2, on instructions, fairly submits that respondent no.2 will issue an appointment letter to the petitioner within a period of three months from today subject to their rights to take appropriate action against him, in the event of his sat 3 wp 2630-2011 conviction in the pending criminal case. 6 Her statement is accepted. In view of the statement made learned Counsel for respondent no.2, nothing further survives in this writ petition. 7 The writ petition is disposed of. (M.L. TAHALIYANI, J.) (D.B. BHOSALE, J.)