Amar Jaganath Kadale v. Icles Motilal Jhunjhunwalal College Of Arts Science And Commerce And ORS

YSP 7-WP-2080-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2080 OF 2021 Amar Jaganath Kadale ... Petitioner

Versus

ICLES' Motilal Jhunjhunwala College of Arts, Science & Commerce & Ors.

... Respondents ****** Mr. Propser D'souza, for the Petitioner.

Mr. Mihir Desai, Sr. Advocate, a/w. Ms. Akshata Timmapur i/b. The Law Point, for Respondent Nos.1 and 2.

Mr. Gaurav Sharma i/b. Mr. A. M. Kulkarni, for Respondent No.3. Mr. N. K. Rajpurohit, AGP for State-Respondent Nos.4 and 5. ****** CORAM: R. D. DHANUKA AND ABHAY AHUJA, JJ.

DATE : 29th NOVEMBER, 2021.

P.C. :- 1.

After arguing the matter for some time, Mr. D"souza learned counsel for the petitioner, on instructions of his client who is present in the Court, seeks liberty to withdraw this petition with liberty to impugn outcome of the inquiry, if the petitioner is aggrieved by such outcome, before the appropriate Court of law by filing appropriate proceeding. Statement is accepted. Writ Petition is dismissed as withdrawn with liberty as prayed.

YSP 7-WP-2080-2021.doc 2.

We are informed the fact that the inquiry initiated by respondent no. 1 against the petitioner is completed on 18th September 2021. The further proceedings after closing of the inquiry are initiated by respondent no.1 against the petitioner. 3.

At this stage we are not going into the rival contentions of the parties in respect of the merits of inquiry conducted by respondent no.1 against the petitioner. All contentions of both parties on merits of inquiry are kept open.

4.

Mr. Desai, learned counsel for respondent no.1 on instructions states that in case respondent no. 1 proposes to inflict any major penalty including termination of services of the petitioner, the same will be effective after 10 days from receipt of the order of respondent No.1. Statement is accepted. 5.

Writ Petition is dismissed as withdrawn with liberty as prayed. No order as to costs.

[ABHAY AHUJA, J.] [R. D.DHANUKA, J.]