Bombay High CourtWP/3297/2015dispossed offdismiss for default

Rafiyabi Abdul Nabi v. National Integration Education And Welfare Society, Akola Through Its President And 3 Others

2015-08-31Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

WP3297-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3297/2015 (RAFIYABI ABDUL NABI VERSUS NATIONAL INTEGRATION EDUCATION AND WELFARE SOCIETY & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Patil, counsel for the petitioner.

Shri A.S. Dhore, counsel for the R-1 & 2.

Shri K.S. Malokar, counsel for the R-3.

CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : AUGUST 31 , 2015.

By this petition, the petitioner has challenged the order dated 03.06.2015 suspending the petitioner from service. Shri Dhore, the learned counsel for the respondent nos.1 and 2, states that during the pendency of the writ petition, an enquiry against the petitioner has culminated and the services of the petitioner have been terminated by an order dated 30.08.2015. It is stated that if the petitioner has any grievance against her termination, the petitioner would be free to file appropriate proceedings.

In view of the subsequent development, the learned counsel for the petitioner seeks permission to withdraw the writ petition. It is stated that the points raised in this petition may be kept open as the Education Officer has conducted an enquiry and it is held that the suspension order is issued with a view to harass the petitioner.

The learned counsel for the respondent-Management, however, states that the Deputy Education Officer did not have jurisdiction to make an enquiry in the matter. In the circumstances of the case, we dispose of the writ petition with liberty to the petitioner to take up appropriate proceedings for challenging the termination order.

WP3297-15 The points raised in the petition are kept open. JUDGE JUDGE APTE