Bhupendra Ramchandra Singh v. Tulsi Manas Mandir Trust And ORS.

51-WP-9381-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9381 OF 2021 Bupendra Ramchandra Singh ...

Petitioner

Versus

Shree. Tulsi Manas Mandir Trust and Ors.

...

Respondents Mr. Omprakash Pandey a/w Prajapati Pramila i/b M/s Pandey and Co., for the Petitioner.

Mr. Yash Tiwari, for Respondent Nos. 2, 3, 5 and 6. Mrs. S.S. Bhende, AGP, for the State.

CORAM : A. S. CHANDURKAR AND G.A. SANAP, J.J. DATE : 18th APRIL, 2022.

P.C. :

The Petitioner was serving as Assistant Teacher at the Respondent No.2-School. His services came to be terminated on 16th August, 2004. The Petitioner filed an Appeal under Section 9 of the Maharashtra Employees of Private School (Conditions of Service) Regulation Act, 1977. This Appeal was dismissed on 17th March, 2008. Writ Petition No. 921 of 2019 challenging that Order was dismissed on 28th January, 2019. The Special Leave Petition preferred by the Petitioner was also dismissed on 16th September, 2019 by observing that such dismissal would not be an impediment for the Petitioner to work out his remedy, Rekha Patil

51-WP-9381-2021.doc if any, in accordance with law.

By filing the present Writ Petition, the Petitioner again seeks to re-open the correctness of the order of termination dated 16th August, 2004 along with the Order passed by this Court in Writ Petition No. 921 of 2019. The Petitioner seeks action to be taken pursuant to the communications dated 13th October, 2017, 1st November, 2017 and 6th November, 2017 in the matter of Petitioner's reinstatement. The Petitioner prays for the delay in filing the Writ Petition to be condoned and seeks reliefs in that regard.

After hearing the learned Counsel for the Petitioner, we find that the order terminating the Petitioner's services has attained finality and the same cannot be re-opened on the grounds urged by the Petitioner. It is submitted that Secretary, who signed the Order of termination dated 16/08/2004, was not empowered to do so as the Secretary relied upon forged and fabricated documents and posed himself as Secretary. This aspect cannot be gone into in writ jurisdiction. We, therefore, do not find any reason to entertain the Writ Petition. The Writ Petition is dismissed with no order as to costs.

[G.A. SANAP, J.] [A. S. CHANDURKAR, J.] REKHA PRAKASH PATIL Rekha Patil REKHA PRAKASH PATIL Date: 2022.04.21 14:59:40 +0530