Shri. Dilip Natulal Dighe v. The Education Officer, Education Dept. Thane Municipal Corporation And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2437 OF 2016 Shri Dilip N. Dighe ..Petitioner

Versus

The Education Officer, Education Department, Thane Municipal Corporation & Anr.

..Respondents Mr. A.M.Kulkarni , advocate for the Petitioner. Mr. N.R.Bubna, Advocate for the Respondent No.1. Mrs. M.P.Thakur, AGP for the State.

Coram : RANJIT MORE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

Date : 12th APRIL, 2016.

P. C. :

Heard learned counsel and the learned AGP appearing for the respective parties.

By this Petition filed under Article 226 of the Constitution of India, the Petitioner is challenging show-cause notice dated 17.2.2016 issued by the Respondent No.1-Education Officer of Thane Municipal Corporation. By the said notice, the Respondent No. 1 rejected Petitioner's reply to the earlier show-cause notice dated 9.9.2015 and called upon the Petitioner to show cause as to 1/3

why the criminal offence should not be registered against him. The Petitioner is aggrieved by the notice so far as it relates to calling upon him to show cause why criminal offence should not be registered against him.

Notice challenged in the Petition is merely a show-cause notice. Petitioner is always at liberty to give reply to the same. Even if the Respondent No.1 decides to file F.I.R. against the Petitioner, the Petitioner has an alternate remedy to challenge the same by filing appropriate proceedings. Be that as it may, Police authorities are always at liberty to apply their mind before the registration of the offence.

In the above circumstances, we are not inclined to interfere in the Petition and the same is, accordingly, dismissed. [DR.SHALINI PHANSALKAR-JOSHI, J.] [RANJIT MORE, J.] 2/3

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