Bombay High CourtWP/9048/2012disposed offdismissed for default

Vishwasrao Bhaskarrao Patil v. The State Of Mah And ORS

2017-07-17Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice Arun M. Dhavale1 pages

{1} wp904812.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9048 OF 2012 Vishwasrao s/o Bhaskarrao Patil Petitioner

Versus

The State of Maharashtra & others Respondents Mr.B.S.Deshmukh, advocate for the petitioner. Mr.M.B.Bharaswadkar, A.G.P. for Respondents No.1 to 4. Mr.VS.Bedre, advocate for Respondents No.5 & 6. CORAM : R.M.BORDE AND A.M.DHAVALE, JJ.

DATE : 17th July, 2017.

P.C. :

The petitioner contends that he is not being permitted to resume duties in respondent-Institution. The contention of respondentInstitution, however, is that the petitioner always remain absent without any justiciable cause. The Deputy Director of Education tried to intervene in the matter for bringing out settlement, however, there is no noticeable success.

Since the petitioner raises disputed questions of fact and since the petitioner has not been permitted to resume duties by the respondent-Institution, this alleged act of the respondent-institution shall have to be construed as otherwise termination. The petitioner may take appropriate legal remedy for redressal of his grievance. Keeping an option open to the petitioner to avail of the remedies available in law, writ petition stands disposed of. A.M.DHAVALE R.M.BORDE JUDGE JUDGE adb/wp904812