Bharatsing Raising Pawar v. The State Of Maharashtra And Others

*1* 910.wp.9723.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9723 OF 2016 BHARATSING RAISING PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Shri Rathod Abhaya R. AGP for Respondent 1 : Shri N.T.Bhagat.

Advocate for Respondent 2 : Shri Shah Subodh P.. ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 14th December, 2016 Per Court:

The Petitioner is aggrieved by the order of the School Tribunal dated 20.04.2006 by which the School Tribunal refused to condone the delay of 06 years and 08 months in challenging the termination dated 11.11.1996.

I have considered the strenuous submissions of Shri Rathod, learned Advocate for the Petitioner and Shri Shah, learned Advocate for Respondent No.2.

There is no dispute that the Petitioner was terminated on 11.11.1996. He preferred his Appeal in August, 2003 after the delay of 06

*2* 910.wp.9723.16 years and 08 months. There is also no dispute that after the School Tribunal rejected the application for condonation of delay on 20.04.2006, the Petitioner has preferred this Writ Petition on 11.08.2016 which is after 10 years and 04 months.

It is trite law that there has to be finality to the litigation. By delaying challenge to his termination by 06 years and 08 months itself appears to be an inordinate delay. The same was not condoned by the order of the School Tribunal dated 20.04.2006 which order is challenged after 10 years and 04 months.

Considering the above, I do not find any reason to entertain this Writ Petition purely on the ground of delay. The Writ Petition is, therefore, dismissed.

kps (RAVINDRA V. GHUGE, J.)