Shri Vile Parle Kelvani Mandal And ANR v. Jignasa J Parikh (Now Jignasa Subhash ) Former Asst Teacher Manilal Vadilal Nunavut Prathamik Shala

5-WPL-600-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 600 OF 2017 Shri. Vile Parle Kelvani Mandal & Anr.

... Petitioners Vs.

Jignasa J. Parikh (Now Jignasa Subhash) Former Asst. Teacher Manilal Vadilal Nunav ... Respondents ....

Mr. A.V. Bukhari Sr. Adv. a/w Mr. A.P. Singh i/b S.K. Srivastav & Co. for the Petitioners.

Mr. C.R. Sadasivan and Mr. N.M. Ganguli for the Respondent No. 1. ...

CORAM : A.A. SAYED, J.

DATE : 23 MARCH 2017 P.C.:

Inasmuch as the challenge in this Petition is to the order dated 2 February 2017 passed by the School Tribunal whereby the order of termination of the Respondent has been set aside on technical grounds, learned Senior Counsel for the Petitioners as well as the learned Counsel for the Respondent No. 1, on instructions, are agreed to the following order being passed:

ORDER

(i) The impugned order as well as the enquiry proceedings against the Respondent No. 1 shall stand set aside. (ii) The Petitioner will constitute a new enquiry committee in accordance with law which will conduct the enquiry afresh. Sameer 1 of 2

5-WPL-600-2017 (iii) The statement of learned Counsel for the Respondent No. 1 is recorded that the Respondent No. 1 shall co-operate in the early disposal of the enquiry.

(iv) The enquiry shall be conducted expeditiously and appropriate decision shall be taken not later than 14 August 2017.

(v) All contentions are kept open.

The Writ Petition is disposed of in the aforesaid terms. ( A.A. SAYED, J.) Sameer 2 of 2