1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.3138/2009 Suresh Dagadu Chavan ..Petitioner. vs. The State of Maharashtra and others ..Respondents. Mr D.G. Khamkar, Advocate for the Petitioner. Mrs A.S.Pai, A.P.P., for the State. CORAM: D.B.BHOSALE AND A.R.JOSHI,JJ DATED: 18TH MARCH,2010 ORDER:- (Per A.R.Joshi,J) 1. Heard rival submissions for some time. 2. Order dated 10.11.2009, copy of which is at Exh.E to the present writ petition, has been challenged by the present petitioner, who is a convict, presently lodged at Yerwada Central Prison,Pune. 3. The order impugned in the present writ petition was passed on the direction given in earlier filed Writ Petition No.1731/2009 dated 13.8.2009. By the said order directions 2 were given to the respondents to consider the case of the petitioner afresh in view of new guidelines regarding the punishment to be awarded to the prisoner over staying after availing the parole and/or furlough. 4. By the impugned order passed by the Superintendent, Yerwada Central Prison, Pune the petitioner was rendered ineligible for getting parole leave for further five years and his name was removed from the remission register for five years. 5. We have perused the affidavit filed by the Superintendent of Yerwada Central Prison, Pune dated 9.12.2009. In paragraph No.4 of the said affidavit it is admitted by the respondents that the proper procedure was not followed as to intimate the petitioner and seeking his explanation and sanction from D.I.G., and appraisal from the Sessions Court about the punishment to be imposed. In view of such admission and in view of the passing of the impugned order without following the due procedure, the impugned order cannot be sustained and as such same is set aside with directions to the respondents to consider the matter of the petitioner afresh and pass appropriate orders in accordance with law after complying requisite procedure established by the relevant provisions of furlough and parole rules and in view of new guidelines. 3 6. The petition is accordingly disposed of with above directions. 7. Concerned authorities to inform the petitioner regarding passing of such fresh order. ( D.B. BHOSALE,J) ( A.R.JOSHI,J)