-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 40 OF 1995 Mukundrai D. Vaidya ).. Petitioner Versus The State of Maharashtra and others ).. Respondents Mr. Piyush Shah for the Petitioner. Mr. C.J. Sawant a/w Mr. D.A. Nalawade, Government Pleader, and Ms. G.R. Shastri, Addl. Govt. Pleader, for the State. CORAM: SWATANTER KUMAR, C.J. & V.M . KANADE, J. DATE: 25TH JUNE 2008. P.C. It is commonly stated that the Petitioner would move a representation before the High Court in furtherance to his previous request that instead of dismissal, penalty of voluntary retirement from the date of the dismissal order may be imposed upon the Petitioner and he would not claim any back wages. If such a representation is moved, we would expect the Competent Authority to consider the same in accordance with law. If the view is in favour of the Petitioner, the order of dismissal obviously would not stand and the order passed afresh by -2- the Competent Authority shall substitute this order in fact and in law. 2. In view of the afore-stated, nothing survives in the Writ Petition and the same is disposed of accordingly. CHIEF JUSTICE V.M. KANADE, J.