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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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