MACHINDRA MARUTI GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) By the present petition under Article 226 of the Constitution of India, the petitioner put forth prayer clauses (B), (C) and (D) as under:

(3.) It is the contention of the petitioner that since June 1997, he was working as Lab Attendant with respondent no. 2, however, vide order dtd. 16/9/2019, he was suspended by respondent no. 2 w.e.f. 5/9/2019 on the basis of letter dtd. 10/9/2019 issued by the Deputy Superintendent of Police, Anti-Corruption Bureau, Ahmednagar due to registration of Crime No. 870 of 2019 against him under the Prevention of Corruption Act and he was apprehended. The petitioner, had approached this Court by filing writ petition no. 5661 of 2020 and challenged his suspension order. On 27/10/2021, this Court passed an order observing that, respondent no. 2 had withdrawn the suspension order vide communication dtd. 26/10/2021 and the petitioner had submitted his joining report. It is further contended that, though his suspension order was revoked and he was permitted to join duty w.e.f. 26/10/2021, he has not been paid legal dues w.e.f. 5/9/2019 till the date of revocation of order of suspension. Therefore, he prays for issuance of writ of mandamus directing the respondents to pay legal dues/salary with interest @ 12% p.a.