Ansari Anees Mohd Tehseen v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 7124 OF 2020 WITH CIVIL APPLICATION NO. 7984 OF 2020 Mohd. Azizudin Mohd. Shafiuddin .. Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr V.J. Dhage, Advocate for petitioner Mr P.S. Patil, Addl.G.P. for respondent no.1 Mr U.B. Bondar, Advocate for respondents no.2 and 3 Mr V.C. Patil, Advocate h/f Mr I.G. Durrani, Advocate for intervenor - WITH - WRIT PETITION NO. 7150 OF 2020 WITH CIVIL APPLICATION NO. 7985 OF 2020 Ansari Anis Ahmed Mohd. Tahseen .. Petitioner

Versus

The State of Maharashtra and ors.

.. Respondents Mr V.J. Dhage, Advocate for petitioner Mr P.S. Patil, Addl.G.P. for respondent no.1 Mr U.B. Bondar, Advocate for respondents no.2 and 3 Mr V.C. Patil, Advocate h/f Mr I.G. Durrani, Advocate for intervenor CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 10th December 2020 PER COURT :

1.

At the request of learned Advocate for all the parties, Writ Petition No.7150 of 2020 is taken on today's board.

2.

Heard Mr Dhage, learned Advocate for the petitioners, Mr Bondar, learned Advocate for respondents no.2 and 3 Mr V.C. Patil, Advocate holding for Mr I.G. Durrani, learned Advocate for intervenor.

3.

The grievance of the petitioners appears to be two fold (1) objection to the constitution of the Committee and (2) proper opportunity is not afforded. 4.

Mr Bondar, learned Advocate for respondents no.2 and 3 placed on record the communication issued by Education Officer (Primary), Zilla Parishad, Aurangabad dated 8.12.2020 whereby the constitution of the enquiry Committee has been changed.

5.

In light of that, the first grievance of the petitioners regarding constitution of the Committee stands redressed. 6.

According to petitioners, Education Officer has directed the Committee to complete the enquiry before 24.12.2020. Again, reasonable time was not afforded to the petitioners.

7.

The enquiry Committee certainly will give reasonable time. 8.

The petitioners shall file their affidavits within fifteen days before the Committee along with all the documents relied by the petitioners. The Committee shall afford opportunity of hearing to the petitioners. The petitioners shall not seek adjournment before the Committee and co-operate in expeditious disposal of the enquiry. The Committee, after affording opportunity of hearing to the petitioners conclude the enquiry in accordance with law.

9.

All contentions of respective parties are kept open. 10.

Writ Petitions disposed of. No costs.

11.

In view of disposal of Writ Petitions, Civil Applications stand disposed of.

( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr