902wp2258-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2258 OF 2026 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 VRJ 1 of 4 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.07.13 13:22:27 +0530 902wp2258-2026.odt 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. VRJ 2 of 4 902wp2258-2026.odt 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, VRJ 3 of 4 902wp2258-2026.odt 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) VRJ 4 of 4