1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 5469 OF 1990 Ashok Kisan Kumavat ..Petitioner versus Chief Executive Officer, Maharashtra Industrial Development Corporation (MIDC) & Ors. ..Respondents Mr. H. S.Venegaonkar, for Petitioner. Mr. P. P. Chavan i/b M/s. Little & Co. for Respondent Nos. 1 to 3. Mr. S. N. Bhosle, AGP for the respondent No. 4. State. CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : JANUARY 04, 2010. P.C. : . Heard the learned counsel for the petitioner and the learned counsel for the respondent Nos. 1 to 3 and the learned AGP for the respondent-State. The learned counsel for the petitioner has submitted that though the petitioner was due for the promotion to the post of Dy. Engineer in the year 1991, however, was denied his legitimate claim and was granted promotion to the said post in the year 1994. It is contended that denial of 2 promotion was in view of the adverse remarks in the confidential report for the period 1-1-1988 to 31-3-1992. However, all these confidential remarks were expunged at later point of time, and therefore, the petitioner is entitled to get promotion from the due date of promotion with effect from 1991. 2. There is nothing on record to show that the claim of the petitioner for grant of promotion was denied on the basis of these adverse confidential reports. The learned AGP for the State has also submitted that this is not the only ground on which claim of the petitioner for promotion came to be disallowed. In the circumstances, we dispose of the petition, keeping the issue in this regard open with liberty to the petitioner to canvass the same before the appropriate authority. 3. No order as to costs. (D. D. SINHA, J.) ( A. A. SAYED, J.)