1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5482 OF 2009 Chhabi Nath Singh ...Petitioner v/s Union of India and others ...Respondents Mr V.N. Tayade for Petitioner. Mr D.R. Dubey for Respondents. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 8TH DECEMBER 2009. 2 P.C. :- 1] The petitioner was relieved from his engagement as a Sailor on 31st December 2008 on his completing 26 years of service. The petitioner does not make any grievance about his relieving from service. The grievance is that the Commanding Officer had recommended his case for re-engagement but that application for re-engagement was not considered. Perusal of the relevant Rules shows that it is absolutely in the discretion of the authority whether to give re-engagement to a Sailor or not. In our opinion, in the absence of infraction of any mandatory provision or any allegation of malice, it will not be appropriate to interfere in an area which is purely in the discretion of the authority. Petition is rejected. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. 3 Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )