1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Writ Petition No.278/2008 [Ravindra Narayan Hatghare .vrs. The Superintendent, Central Prison, Nagpur] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Mrs. Rashi Deshpande, Advocate for the petitioner, Mr. S.S. Doifode, APP for the respondent/State. .......... CORAM : K.J. ROHEE AND A.P. BHANGALE, JJ DATED : SEPTEMBER 26, 2008 1. Heard the learned counsel for the parties. 2. We are satisfied that the concerned authorities disqualified the petitioner without any reason. In fact, they have discriminated the petitioner by disqualifying him because three other convicts were promoted though they surrendered late twice. The petitioner also stands on the same footing. In the reply-affidavit, it is contended by the respondent that the petitioner has deliberately misused the facility of parole and furlough leave and disobeyed the rules 2 and regulations. However there is no material to justify this plea. We, therefore, direct the respondent to consider the case of the petitioner for promotion as Night Watchman at the earliest depending on the requirement. The petition is disposed of accordingly. The fees of the counsel appointed for the petitioner are quantified at Rs.750/-. JUDGE JUDGE Gulande