Bombay High Court
PRAKASH VISHWANATH SARDEversusTHE STATE OF MAHARASHTRA THR. ITS SECRETARY, RURAL DEVELOPMENT WATER CONSERVATIODEPARTMENT AND ORS.
- Disposal
- Disposed Off
Holding
The petition is dismissed as the Court cannot entertain the writ due to disputed facts and the pending criminal investigation.
Summary
The petitioner, Prakash Vishwanath Sarde, filed a writ petition seeking a mandamus directing Respondent No.8 to forward his Last Pay Certificate and service book to Respondent No.7, and also sought disciplinary action against Respondent No.8 for allegedly refusing to do so. Respondent No.8 countered by submitting documents alleging that the petitioner had stolen original files and that a non‑cognizable report (NCR) had been lodged against him at Karmala Police Station. The petitioner produced a complaint dated 7 March 2026 supporting his claim. The Court held that, given the disputed facts and the pending criminal investigation, it could not entertain the writ petition and therefore disposed of it. The Court directed the police to proceed with the investigation under Section 175 of the Bharatiya Nagarik Suraksha Sanhita Act, 2023, and noted that the Zilla Parishad had issued instructions to re‑attach the petitioner’s records to a different health centre.
Issues considered
- What is the appropriate jurisdiction of the High Court to entertain a writ petition when the facts are disputed and a criminal investigation is pending?
- Can a writ of mandamus be issued to compel the forwarding of the petitioner’s Last Pay Certificate and service book under the circumstances described?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita Act, 2023 — s. 175
Subjects
- writ of mandamus
- last pay certificate
- disciplinary action
- criminal complaint
- Section 175
- Bharatiya Nagarik Suraksha Sanhita Act
- High Court of Bombay
- petition dismissed
Judgment
902wp2258-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
VAIBHAV
RAMESH
JADHAV
WRIT PETITION NO. 2258 OF 2026
Digitally signed
by VAIBHAV
RAMESH JADHAV
Date: 2026.07.13
13:22:27 +0530
Prakash Vishwanath Sarde … Petitioner
V/s.
The State of Maharashtra & Ors. … Respondents
Mr. Sanjaykumar B. Bhosale, Advocate for the Petitioner.
Mr. Rupesh K. Bobade with Mr. Ruturaj M. for Respondent Nos.3 to 6 and
8.
Mr. B. V. Samant, Addl. G. P. for the Respondents, the State.
CORAM : RAVINDRA V. GHUGE, ACJ &
NANDESH S. DESHPANDE, J.
DATED : JULY 10, 2026
P.C.:
1. We have heard the learned Advocate for the Petitioner and
the Zilla Parishad and the learned AGP.
2. The Petitioner has put forth prayer clauses (A) and (B), which
read as under:
“(A). By issue of writ of mandamus or any other appropriate writ,
order or directions in the like nature, the Respondent No.8 may kindly be
directed to forward the Last Pay Certificate (LPC) of the Petitioner along with
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original Service Book and other relevant record to the office of Respondent No.7
with immediate effect.
(B). By issue of writ of mandamus or any other appropriate
writ, order or directions in the like nature, the Respondents No.3 to 6 may kindly
be directed to take the Disciplinary action against the Respondent No.8 for not
obeying the Orders of superior authorities and further to initiate Departmental
Enquiry against the Respondent No.8 for not forwarding the Last Pay Certificate
(LPC) of the Petitioner along with original Service Book and other relevant
record to the office of Respondent No.7.”
3. Respondent No. 8, who is present in the Court Hall, tenders
a compilation of documents (22 pages) through the learned Advocate. The
said compilation is taken on record and marked ‘X-1’ for identification.
Page No. 3 is a communication by Respondent No. 8 to the Petitioner
alleging against him that he has stolen certain original files. One more such
letter is dated 14th May, 2025. On 9th April 2026, respondent No. 8 has
approached the Karmala Police Station falling under Solapur Rural, and an
NCR bearing No. 0638 of 2026 has been registered against the Petitioner
on the ground of having stolen documents.
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4. The Petitioner has tendered a photostat copy of a complaint
dated 7th March, 2026 (3 pages). The same is taken on record and marked
‘X’ for identification.
5. In such disputed circumstances, we cannot entertain this
Petition. This Writ Petition is, therefore, disposed off.
6. Needless to state, the concerned Karmala Police Station will
proceed to deal with the NCR registered before it, and if it finds that there
is enough material for registration of FIR, it shall proceed to initiate
appropriate steps. This is to be done only after conducting an appropriate
investigation and in the light of Section 175 of the Bharatiya Nagarik
Suraksha Sanhita Act, 2023 before registering an FIR. The appropriate
procedure would be followed and after due inquiry appropriate steps would
be taken. In the event it is noticed that there is no material available against
the Petitioner, the investigating authority will pass an appropriate order.
7. The learned Advocate for the Zilla Parishad submits on
instructions that appropriate instructions have been issued on 8th July,
2026 to the BDO, Malshiras, under the signature of the CEO, Zilla
Parishad, that the Petitioner’s records be detached from Jeur, Taluka
Karmala, Solapur and be attached to Primary Health Centre, Malinagar,
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Taluka Malshiras. These steps will be taken by the BDO within a period of
7 days from today, and the Petitioner’s necessary payment would be
cleared within a period of 15 days thereafter.
8. The above statements are recorded.
(NANDESH S. DESHPANDE, J.) (ACTING CHIEF JUSTICE)
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