1 8 wp.5084.09.sxw ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5084 OF 2009 The Director General & Inspector General of Police Maharashtra State, Mumbai. ... PETITIONER Vs. Prakash Dnyandev Yadav. ... RESPONDENT -------- Mr. V.S. Gokhale, AGP for Petitioner. Mr. Rahul S. Kate for Respondent. -------- CORAM : D.D. SINHA and A.A. SAYED, JJ. DATE : 26 th February, 2010. P.C. Heard the learned AGP for the Petitioner and the learned counsel for the Respondent. 1 Writ Petition is directed against the order dated 13.03.2009 passed by the Maharashtra Administrative Tribunal, Mumbai. 2 Considered the contentions canvassed by the respective parties and perused the impugned order passed. By the impugned order, the Petitioner is merely directed to find out on the basis of the service record, whether the Respondent was fit and otherwise eligible for the 2 8 wp.5084.09.sxw promotional post of “Assistant Police Inspector”, when his junior colleagues were promoted with effect from 24.04.2007 and keep the said decision in the sealed cover and it should be made subject to outcome of the Criminal Appeal filed by the Respondent against the order of the conviction. The order passed by the learned Tribunal, in our view, is sustainable in law and requires no interference. Hence, Petition suffers from lack of merits and the same is dismissed. [ D.D. SINHA, J ] [ A.A. SAYED, J ]