1 wp1856.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Writ Petition No. 1856 of 2010 Mr. Vishwanath Ram Mhatre ....Petitioner Vs. State of Maharashtra & anr. ....Respondent Mr. Kuldeep S. Patil for the petitioner. Mr. D.P.Adsule for the State. CORAM:- A.M.KHANWILKAR AND U.D. SALVI, JJ DATED:- SEPTEMBER 03, 2010 P.C. The order which is impugned in this Petition is dated 7th October, 2008 whereby the appropriate authority in exercise of powers vested in him has imposed prison punishment on the petitioner for having overstayed the furlough period for thirteen days. The action taken is on the basis of the provisions contained in the extant regulations. It is not possible for this Court to substitute the opinion of the appropriate authority which is founded on subjective satisfaction of the said authority. Counsel for the Petitioner, however, submits 2 wp1856.10.sxw that recently circular has been issued which provides guidelines for imposing punishment. The liberal approach provided in the said circular will have to be applied to the case of the Petitioner. If it is so, it will be open to the Petitioner to make representation to the appropriate authority for reconsideration of the decision dated 7th October, 2008 in the light of the new circular, if the same is applicable to the case on hand. All questions in that behalf are left open to be considered on its own merits in accordance with law. 2. Petition disposed of on the above terms. (U.D. SALVI, J) (A.M.KHANWILKAR, J)