1 wp-2348-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2348 OF 2010 Mr. Hussain Dastagir Shaikh .... Petitioner vs The State of Maharashtra & ors. .... Respondents None for the petitioner. Mrs. P. P. Shinde, APP for respondent. CORAM: B.H. MARLAPALLE & ANOOP V. MOHTA, JJ. DATE : 16th August, 2010 P.C.: None for the petitioner. Mrs. Shinde, the learned APP appears for the State of Maharashtra. 2 The petitioner came to be acquitted in Special Case No.12/1999 and the said order of acquittal dated 14.09.2009 has been challenged by the State Government in Criminal Appeal No.1179/2007 which is pending before this Court (Single Bench). In the said Appeal, he filed Criminal Application No.148/2010, seeking directions to the State Government to consider his case for promotion, and the learned Single Judge by his order dated 14.06.2010, disposed off the application as withdrawn with liberty to file an appropriate proceeding before the appropriate Court. 2 wp-2348-10.sxw 3 The petitioner claims to have passed an examination for the post of police Sub Inspector and he submitted a representation on 28.07.2005 to consider his case for promotion. He approached in Criminal Writ Petition no. 804/2007 and the same was disposed off on 27.04.2007, with directions to respondent no.3 to consider the said application within a period of four weeks. On 23.08.2007, respondent no.3 issued a circular by which Police Constables were given temporary promotion for 90 days to the post of Police Sub Inspector and the petitioner’s name was shown in the said list at serial no.33 and purportedly on account of the pendency of Criminal Appeal No.1179/2007, his case was not considered. 4 The petitioner’s remedy would lie before the Maharashtra Administrative Tribunal by filing an application under Section 19 of the Administrative Tribunals Act, 1985. 5 The petition is disposed off, with liberty to the petitioner to approach the Maharashtra Administrative Tribunal. (ANOOP V. MOHTA, J.) ( B. H. MARLAPALLE, J.)