1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1721 OF 2007 Govinda s/o. Lotu Surwade. Age 50 years, Occ. Social Work, R/o. Wadri Tq. Yawal,Dist.Jalgaon. .. petitioners Versus 1] The State of Maharashtra 2] The Sub-Divisional Officer, Bhusawal Division, Bhusawal, District Jalgaon. .. Respondents. --- Mr. B.R. Waramma, Advocate for petitioner. Mr. S.K. Kadam, AGP for the respondents. CORAM : B.R. GAVAI & N.D. DESHPANDE,JJ. DATE :10TH AUGUST, 2009. COURT’S ORDER [ PER B.R. GAVAI,J.] :- 1] Rule. Rule made returnable forthwith. Vide order dated 27th July, 2009, we had directed the S.D.O. Bhusawal, to remain present and explain as to under what circumstances, the notice of termination is issued on 31/1/2007. 2 2] In pursuance to the notice issued, the S.D.O. Bhusawal, Mr. Uday Ramhari Kisave, is personally present in the court. It is stated that since the original application filed before the M.A.T. Was only against suspension, after its disposal, certain queries were answered like whether the petitioner was still a Government employee or not. It is therefore, submitted that guidance was sought from the Government. The same is awaited. 3] We are of the considered view that the notice dated 31/1/2007 was totally unwarranted. Admittedly, appointment of the petitioner was a tenure appointment. The term of the petitioner was to come to an end on 27/12/1998. The petitioner had challenged the suspension order dated 2/7/1997. When the Original Application come up before the MAT, the tenure during which the petitioner was to work as Police Patil, had already come to an end and as such, the learned Chairman of the MAT disposed off the application as having become infructuous. 4] As the appointment of the petitioner was for a particular period, which came to an end on 27th December, 1998, his services automatically came to an end. In that view of the matter, there was no occasion for the respondent NO.2 S.D.O. to issue the impugned notice of termination. In that view of the matter, we are inclined to allow the petition. 5] The writ petition is allowed. The impugned notice of termination dated 31/1/2007 is quashed and set aside. Presence of the S.D.O. Is discharged. Rule made absolute in above terms there shall be no orders as to costs. [N.D. DESHPANDE,J.] [B.R. GAVAI,J.] GRT