-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.2537 OF 2008 NO.2537 OF 2008 NO.2537 OF 2008 Shri Anil Laxman Patil ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr S.P. Kadam for Petitioner. Mr V.S. Masurkar, GP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 28TH JULY 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. The petitioner was appointed as a Special Assistant Public Prosecutor and his appointment was terminated by letter dated 26th September 2007, casting a stigma on him. That order was admittedly made after issuing the letter dated 10th September 2007. The learned Government Pleader submitted that this letter dated 10th September 2007 was a show-cause notice. We have perused it. By no stretch of imagination, this communication can be termed as show-cause notice. Therefore, the position as it is obtained on record is that the appointment of the petitioner as a Special Assistant Public Prosecutor was terminated without issuing a show-cause notice. The learned counsel appearing for petitioner, after taking instructions from the petitioner who is present in Court, stated before us that the petitioner has no intention to continue as Special Assistant Public Prosecutor and that in case we allow the petition, he will handover his resignation from the post of Special Assistant Public Prosecutor. The learned Government Pleader appearing in this matter -3- shall forward the said resignation to the Government. In this view of the matter therefore, following order would meet the ends of justice. 3. The letter dated 26th September 2007 is set aside. The resignation of the petitioner from the office of Special Assistant Public Prosecutor, handed over to the Government Pleader, shall be forwarded by the Government Pleader to appropriate authority. In view of the resignation of the petitioner, it is not necessary for the respondents to take further action in the matter. Rule is made absolute accordingly with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)