1 civil wp.8322.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8322 OF 2010 Anil Nilkanthrao Vaidya. ... Petitioner Vs. The State of Maharashtra and ors. ... Respondents ----- Mr. P.R.Arjunwadkar for the Petitioner. Mr. Vijay D. Patil, AGP for Respondent No.1. Mr. P.S.Dani for Respondent No.2. ----- CORAM : A.M. KHANWILKAR and P.D. KODE, JJ. DATE : 29 th October, 2010. P.C. 1 Heard the learned counsel for the parties. 2 The grievance of the Petitioner is that the Presenting Officer being the Judge of the concerned Court in all probability, the witnesses appearing in the case are likely to depose under his influence. Not even a single remote incident is brought to our notice where the Presenting Officer who incidently happens to be the Judge of the same Court has attempted to dissuade the witnesses relied upon by the Petitioner – delinquent Judicial Officer or to influence the witnesses to be relied upon by the department to establish the charge framed against the delinquent Judicial Officer. Besides, the Presenting Officer is not in-charge of the 2 civil wp.8322.10 proceedings. It is the Presiding Officer, who would control the proceedings. No allegation is made against the Presiding Officer as such. Notably, the Petitioner himself is a judicial officer. We are of the opinion that the grievance made by the Petitioner is only a figment of imagination of the Petitioner without any basis. The allegations on the basis of which apprehension is entertained by the Petitioner is unsubstantiated. We are conscious of the fact that mere apprehension may be sufficient in a given case, but that does not mean that the Petitioner can be allowed to pursue such plea by making vague allegations without any specific instance as a result of which the Petitioner has gathered such impression. Taking any view of the matter, we find that this petition is an attempt to protract the proceedings by the delinquent Judicial Officer. Hence the same is dismissed. [ P.D. KODE, J ] [ A.M. KHANWILKAR, J ]