: 1 : wp.2815.2011 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2815 OF 2011 The State of Maharashtra & Ors. .. Petitioners V/s. Dr.V.N. Shinde .. Respondent Mr.A.B. Vagyani, AGP, for the Petitioners Mrs.S.P. Manchekar for the Respondent CORAM: B.H. MARLAPALLE & SMT.NISHITA MHATRE, JJ. DATED: SEPTEMBER 7, 2011 P.C.: 1. We have heard Mr.Vagyani, the learned AGP and we have perused the impugned order passed by the Maharashtra Administrative Tribunal. 2. It is apparent from the said order that the learned Presenting Officer before the Tribunal conceded that the deemed suspension order was erroneous since the applicant was in custody for less than 48 hours. At the same time, the subsequent order dated 6.6.2009 was issued to correct the suspension order and the Tribunal held that the State Government cannot by a subsequent order try to revalidate an : 2 : wp.2815.2011 illegal and unsustainable order by allowing the Original Application filed by the delinquent officer. The Tribunal set aside the orders dated 11.8.2005 as well as 6.6.2009 and the liberty of the petitioners to pass a fresh order was maintained. We do not find any error apparent on the face of the record so as to cause interference in the order passed by the Tribunal. 3. While parting with the petition, we must also note that the scrutiny by the concerned ministry so as to challenge the impugned order by filing a Writ Petition lacks application of mind and this petition should not have been filed at the first place. 4. Petition is rejected summarily. (SMT.NISHITA MHATRE, J.) (B.H. MARLAPALLE, J.)