Citation : 2024 Latest Caselaw 2459 Bom
Judgement Date : 25 January, 2024
(1) 910 wp 14401.23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
910 WRIT PETITION NO. 14401 OF 2023
LAKHANSING DEVCHAND DEDWAL
VERSUS
MAHARASHTRA PUBLIC SERVICE COMMISSION THROUGH
ITS SECRETARY AND ANOTHER
...
Advocate for the Petitioner : Mr. Kadam Vishal S.
AGP for Respondents/State : Mr. P.K. Lakhotiya
...
CORAM : RAVINDRA V. GHUGE &
Y.G. KHOBRAGADE, JJ.
DATE : 25th January, 2024 P.C. :-
1. The learned AGP submits that the State needs to file a reply. Let
such reply be filed on or before 15.02.2024.
2. The Petitioner has now been acquitted by judgment of the
competent Court with criminal jurisdiction dated 06.05.2023 in RCC
No.3308/2016, from the charge of having committed offences punishable
under Section 420 read with Section 109, 114 and 120-B of the I.P.C. and
Section 5 to 8 of the Maharashtra Prevention Malpractices at University, Board
and other specified Examinations Act 1982 and Section 66-D of the Information
Technology Act.
(2) 910 wp 14401.23
3. We have perused the reply of the Petitioner to the show cause
notice and the impugned order wherein the MPSC has concluded that the reply
of the Petitioner is not satisfactory.
4. We direct the MPSC to allow the Petitioner to apply for any further
examination notwithstanding the vehement objection of the learned AGP that
the MPSC has debarred the Petitioner, after issuing show cause notice,
considering his acquittal.
5. List this petition on 26.02.2024 in the same category.
[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.]
mub
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