1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1356 OF 2002 Shri Ashokkumar R Shah : Petitioner versus Bombay Municipal Corporation & ors. : Respondents. Mr.Kirankumar J Phakade i/by S S Pakale for the Petitioner. Ms.Shobha Ajithakumar for the Respondent-BMC CORAM : P B MAJMUDAR & R M SAVANT, JJ. DATE : 12th June 2009 P.C. 1. By way of this Petition, the Petitioner has challenged the legality of the suspension order passed by the Respondent No.3. It is submitted that a criminal case was pending against the petitioner. The learned counsel for the Respondent No.1 submitted that as per the averments made in the reply affidavit, the Petitioner was to be superannuate on 3rd April 2003. If the Petitioner has already retired by superannuation, there remains no question to be decided as regards the prayers made in this 2 Petition. Considering the said aspect, in our view, the suspension was justified because, the Petitioner was found to be guilty under the Corruption Act. The Petition is, therefore, disposed of on the aforesaid grounds. Rule is accordingly discharged. No order as to costs. Sd/- Sd/- [R.M.SAVANT, J] [P.B.MAJMUDAR, J]