0312wp3512.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3512 OF 2009 (SURENDRA GOVINDRAO DEOGADE & ANOTHER VS. STATE OF MAH. & ANOTHER) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. C. V. Jagdale, Advocate for the petitioners. Mr. N.W. Sambre, Government Pleader for respondents. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 03rd DECEMBER, 2009. Heard. The writ petition is directed against impugned communication/order dated 07/3/2009 passed by the Administrative Officer, Government Medical College & Hospital, Nagpur, whereby the petitioner’s claim for retirel benefits came to be rejected in view of rules 113(2)(a) and 116(13(a) of the Maharashtra Civil Services (Pension) Rules, 1982 on the ground of conviction for murder. The fact which is not in dispute that the petitioner though was prosecuted for the offence of murder, the criminal Court convicted the petitioner for the offence punishable under Section 304-II of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years. In that view of the 0312wp3512.09.odt 2/2 matter, it will be appropriate for the Authority to reconsider the case of the petitioner in the light of the provisions of Rule 113 as well as other relevant provisions of the Maharashtra Civil Services Rules whether the conviction of the petitioner would be for murder or otherwise. In the circumstance, the matter is remanded to the Authority for reconsideration. We do not want to give our opinion in this regard and it is for the Authority to reconsider the same in view of the provisions of Maharashtra Civil Services Rules, on its own merit. For the reasons stated here-in-above, the impugned communication/order dated 07/3/2009 is hereby quashed and set aside. The matter is remanded to the Authority-respondent No.2 for reconsideration of the issue in accordance with law. With these observations and directions the writ petition is disposed of accordingly. JUDGE JUDGE wwl