VISHAL BALKRUSHNA CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Having regard to the fact that vide the impugned order dtd. 15/2/2023, the Administrative Officer with the Office of Sanctioning Authority, has rejected the application of the applicant for grant of furlough leave inter alia on the ground that the opinion of the police authorities at the place where the offence had taken place is not received, and whereas considering the fact that the authorities at the place where the offence took place and the place where the applicant is stated to have reside, are one and the same i.e. the applicant belonging to the Valsad District and the offence also having taken place in the Valsad District, and also further considering that opinion of the concerned police officers of Valsad District appears to have been taken, there appears to some error committed by the respondent authorities.

(2.) Considering the same, the impugned order dtd. 15/2/2023 is hereby quashed and set aside. The sanctioning authority as per the Rule 2 of the Prisons (Bombay Furlough and Parole) Rules, 1959, is directed to reconsider the application of the present application for being released on furlough leave, strictly in accordance with law, and pass appropriate orders within a period of 15 days from the date of receipt of this order.

(3.) With the above observations and directions, the present application is disposed of as allowed. Rule is made absolute to the aforesaid extent.