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Bombay High CourtWP/4233/2006rule discharged

The Principal- G.M.Momin Womens College v. Seeman Sabbir Mulla And ANR.

2017-08-03Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice A.M. Badar2 pages

(234)WPNo.42332006

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDITION WRIT PETITION NO.4233 OF 2006 The Principal, G.M.Momin Women's College, Bhiwandi ....

Petitioner V/s.

Mr.Seeman Sabbir Mulla & Anr.

....

Respondents .....

Mr.A.G.Kothari, Advocate for the Petitioner.

None for the Respondents.

....

CORAM :

S.V.GANGAPURWALA & A.M.BADAR JJ.

DATED :

3rd August 2017.

P.C.

The learned counsel for the Petitioner submits that the Petitioner has assailed the Order of the Grievance Committee. The Petition is filed on the ground that Grievance Committee has no jurisdiction and it is only the College Tribunal which can agitate the grievance of the Respondent. This Court had granted interim order. Subsequently, the Respondent filed an Appeal before the College Tribunal and before the College Tribunal, the parties had arrived at settlement on 1st October 2007.

Gaikwad RD 1/2

(234)WPNo.42332006 Since three dates, none appeared for the Respondent. It is settled proposition of law that the Grievance Committee would not have jurisdiction in this regard and it is only the College Tribunal, which is empowered to exercise jurisdiction and subsequently, the Respondent had availed the remedy before the College Tribunal and the parties have arrived at the settlement in the Appeal. The Parties would be governed by the settlement arrived at before the College Tribunal.

In view of above, the impugned Order of the Grievance Committee/Management Council does not survive. The Rule accordingly disposed of..

( A.M.BADAR J.) ( S.V.GANGAPURWALA J.) Gaikwad RD 2/2