- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.827/2010 Tulshidas Laxman Biradar, Convict No.3914, Aurangabad Central Jail, Aurangabad. . ...Petitioner.. Versus 1] The State of Maharashtra. 2] Deputy Inspector General of Prisons, Aurangabad Region, Aurangabad. ...Respondents... ..... Shri Jivan Patil, Advocate appointed for petitioner. Shri K.B. Choudhary, APP for respondents. ..... CORAM: P.V. HARDAS & A.V. POTDAR , JJ. DATE: 20.09.2010 ORAL JUDGMENT (Per P.V. Hardas, J.) : - 2 - 1] Heard counsel for the parties. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2] A communication sent by the petitioner through jail has been registered as Criminal Writ Petition. We had accordingly appointed Shri Jivan Patil, Advocate, to represent the petitioner in this petition before us. Notice came to be issued to the respondents on 6.9.2010. The learned APP states that he has received the requisite instructions and, therefore, this petition is heard finally. 3] It appears that furlough leave came to be sanctioned to the petitioner by order dated 19.9.2008 and the petitioner was actually released on 16.10.2008 for a period of 14 days. It also appears that the petitioner had applied for extension of furlough, which came to be rejected. The order came to be communicated to the petitioner two days after it was passed and consequently the petitioner immediately surrendered to the jail authorities. The petitioner, it appears, was late by three days in surrendering to his furlough leave. It also appears that the show cause notice came to be issued to the petitioner on 4.11.2008 calling upon the petitioner to explain as to why five days remission should not be deducted for each day’s absence. The petitioner replied to the show cause notice, but according to the petitioner, he has not been served with copy of the decision in respect of the proceedings of the show cause notice. The learned APP states that the aforesaid show cause notice is pending and has not been decided. - 3 - 4] In that light of the matter, therefore, we allow this petition and direct the respondents to decide the show cause notice issued to the petitioner, within four weeks from today and communicate the decision thereon to the petitioner. Rule is, thus, made absolute on the above terms with no order as to costs. We quantify the fees payable to the learned counsel appointed on behalf of the petitioner at Rs.1500/- (rupees one thousand five hundred only). (A.V. Potdar , J.) (P.V. Hardas, J.) ndk/cr209102