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Bombay High CourtWP/3079/2015dismissedrule discharged

Jaffar Ahmed Kanoji S/O Abdul Wali v. Director Of Education, Maharashtra State, Pune And 6 Others

2015-09-02Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

WP3079-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3079/2015 (JAFFAR AHMED KANOJI ABDUL WALI VERSUS DIRECTOR OF EDUCATION & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Karode, counsel for the petitioner. Shri A.S. Fulzele, Additional G.P. for the R-1 to 4. CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : SEPTEMBER 2 , 2015.

By this petition, the petitioner seeks a direction to the Deputy Director of Education to conduct and complete the enquiry against the management of Ehabab Education Society and take suitable action against the concerned office bearers. According to the petitioner, the wife of the petitioner is working with the Priyadarshini Urdu Girls High School run and administered by Ehabab Education Society. According to the petitioner, the headmaster, the clerk and the president of of the Education Society have misappropriated the salary of the wife of the petitioner and have misbehaved with her. The petitioner has, therefore, sought an enquiry and suitable action against the persons in the management.

The petitioner has no locus standi to file the petition. If the wife of the petitioner is not paid the regular salary and if some of the respondents and the persons in the management have misbehaved with her, the wife of the petitioner has other remedies. If the salary of the petitioner's wife is not paid in full, the wife of the petitioner can take up appropriate proceedings for a direction to the respondents to pay her dues. However, since the petitioner does not have a locus standi to seek the relief, the writ petition is liable to be dismissed.

WP3079-15 The writ petition is dismissed as such with no order as to costs.

JUDGE JUDGE APTE