SHEIKH SAID SHEIKH NAJIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally.

(2.) Petitioner reported late by 585 days after availing furlough leave. By order dated 4th February, 1998, the Respondent No. 2 had punished him for jail offence by forfeiture of remission at the rate of five days for each days delay. This order was challenged by the petitioner by filing Writ Petition No. 674 of 2009.

(3.) The challenge in Writ Petition No. 674 of 2009 was raised on the ground that the remission was for more than sixty days duration, however, the Respondent No. 2, who was required under existing rules to take prior approval from Deputy Inspector General of Prisons, had failed to take the approval.