The Secretary Rajarshi Shahu Shikshan Prasarak Mandal Osmanabad Through D U Patil And Another v. Vasant Namdeo Gore

WP 13910.2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13910 OF 2017 THE SECRETARY RAJARSHI SHAHU SHIKSHAN PRASARAK MANDALOSMANABAD THROUGH D U PATIL AND ANOTHER

VERSUS

VASANT NAMDEO GORE ...

Advocate for Petitioners : Mr S S Choudhary ...

CORAM : V.K. JADHAV, J.

Dated: December 04, 2017 ...

PER COURT :- 1.

I find no substance in this writ petition. In the pending appeal before the School Tribunal, present petitioners/original respondents 1 and 2 have submitted an application for calling the original record of inquiry in appeal No.8/1987. The tribunal has rejected said application on the ground that, though the hearing of the appeal has been made time bound by this court, application exh.47 came to be moved belatedly on 28.6.2017. Even in the writ petition No.5940/2012 before this Court, petitioners have not insisted for calling of the earlier record of the School Tribunal, Aurangabad. School Tribunal has, therefore, observed aaa/-

WP 13910.2017.odt that application has been filed to delay the hearing of the appeal.

2.

I find no fault in the order passed by the Tribunal. In case, said record is required for the purpose of hearing of the pending appeal before the Tribunal, it is for the Tribunal to call for the Record and Proceedings of said appeal no.8/1987. Otherwise, the petitioners are always at liberty to file relevant copies of the documents, if those are essential for the just disposal of the pending appeal before the tribunal. In view of this, writ petition is disposed of. No costs.

( V.K. JADHAV, J. ) ...

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