1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.2036 OF 2009 (Mohan s/o Shamrao Arbat vs. Chief Executive Officer, Zilla Parishad, Buldana) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JUNE 8, 2009 Shri Kshirsagar, learned Counsel for the petitioner, states that petitioner was dismissed from the post of Junior Engineer vide order dated 17.6.2005. However, the said order was set aside by the Commissioner vide order dated 25.12.2005 with direction to the respondent to reinstate the petitioner in service. It is contended that though petitioner is reinstated in service, however, amount of back wages has not been paid to the petitioner and, therefore, petitioner has filed the present petition. It is not in dispute that charge against the petitioner was of misappropriation of amount and 2 order of dismissal was set aside on the ground of technicalities by ordering recovery of misappropriated amount of Rs.38,855/- from the petitioner. We are of the view that in such peculiar circumstances, petitioner is not entitled to back wages. No case is made out for showing indulgence. The petition is dismissed. JUDGE JUDGE khj