1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4310/2004. ( Santosh Mahadeo Tayade ..vrs.. The State of Maharashtra and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : AUGUST 27, 2009. Heard Shri A.S. Giradkar, learned counsel for petitioner, learned A.G.P. for respondent nos.1 and 4 and Shri S.M.Puranik, learned Counsel for respondent no.2. Heard finally by consent. On 24.08.2009, the learned counsel for petitioner has pointed out that he gave explanation to the Police Vigilance report on 21.06.2004 and that has not been considered. The Writ Petition contains a statement supporting this argument and there is no counter filed by the respondent – Scrutiny Committee to it. The petitioner has produced copy of the said representation and it shows that in it the petitioner has relied upon the judgment of Division Bench of this court reported at 2004 [1] Mh.L.J. 177 (Ravi Prakash Parmar .vrs. State of Maharashtra). The said judgment has been overruled later on by the Hon’ble Apex Court in case reported at 2007 [4] Mh.L.J. 250 (State of Maharashtra.vrs. Ravi Prakash Parmar and others). 2 However, the fact remains that this representation has not been looked into by the Scrutiny Committee. Moreover, because of change in law, in appropriate case this Court has already remanded back to the Scrutiny Committee for fresh consideration. In the circumstances, we quash and set aside the order dated 16.08.2004 passed by the Scrutiny Committee and restore the matter back to its file for taking fresh decision as per law, after giving due opportunity to the petitioner. As the matter is old, the Committee is directed to take a decision as early as possible and in any case by 30.06.2010. Petitioner to appear before the Scrutiny Committee on 29.09.2009 and to abide by further directions in the matter. Rule accordingly, No cost. JUDGE JUDGE Rgd.