Bombay High Court
Maharashtra Through Its Secretary Home Department Mantralaya MumbaiversusBhimrao Namdeo More
- Disposal
- DISPOSED OFF
Holding
The dismissal of the appeal rendered the petition infructuous, and the State is not required to release the gratuity and pension, leading to the disposal of the writ petition.
Summary
The State of Maharashtra filed a writ petition challenging an order of the Maharashtra Administrative Tribunal that had directed the State to release the respondent's gratuity and regular pension while his appeal against an acquittal was pending. The respondent, Bhimrao Namdeo More, had been prosecuted under the Prevention of Corruption Act, 1988, acquitted by the trial court, and his appeal was subsequently dismissed by the High Court on 8 December 2025. The petition argued that, in view of the dismissal of the appeal, there was no longer any basis for the tribunal's interim relief. The Court held that the dismissal of the appeal extinguished the respondent's claim to the interim benefits and that the petition was therefore infructuous. Consequently, the Court disposed of the writ petition and vacated the interim order dated 27 February 2025.
Issues considered
- Whether the State is obligated to release gratuity and pension to a respondent during the pendency of an appeal against an acquittal that has subsequently been dismissed
- Whether the order of the Maharashtra Administrative Tribunal remains effective after the appellate court dismisses the appeal
Legislation cited
Subjects
- gratuity
- pension
- administrative tribunal
- writ petition
- acquittal
- appeal
- Prevention of Corruption Act
Judgment
2026:BHC-AUG:24215-DB
1 911.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
911 WRIT PETITION NO. 2866 OF 2025
The State Of Maharashtra Through Its Secretary Home Department
Mantralaya Mumbai
VERSUS
Bhimrao Namdeo More
...
Mr. S. R. Wakle, AGP for the Petitioner/State
Mr. P. H. Patil, Advocate for the Respondent
...
CORAM : NITIN B. SURYAWANSHI AND
ABASAHEB D. SHINDE, JJ.
DATED : 17th JUNE, 2026.
ORDER :
1. By this petition, the State challenges the order passed by the
Maharashtra Administrative Tribunal, Aurangabad dated 21.08.2023,
thereby allowing the Original Application No. 99 of 2023 filed by the
Respondent and directing the State to release the gratuity amount and
regular pension to the petitioner during the pendency of appeal against
acquittal filed by the State against him. Admittedly, respondent was
prosecuted under Prevention of Corruption Act, 1988 and he was
acquitted by the Trial Court. His appeal was pending in this Court and
the same is also dismissed by order dated 08.12.2025.
2. In view of decision in the appeal, nothing survives in the present
Writ Petition. The petitioner is therefore disposed of as infructuous.
Narwade
2 911.odt
3. The interim order passed on 27.02.2025 is hereby stands
vacated.
(ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI,J.)
Narwade
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