Bombay High CourtWP/3526/2008dismissedrule discharged

Mirza Akhatar Baig Mirza Musawvir Baig v. Public Edn. So, Murtizapur Thru. President And 2 ORS.

2017-05-04Hon'Ble Shri Justice Z.A. Haq3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3526/2008 Mirza Akhatar Baig Mirza Musawvir Baig ..Vs..

Public Education Society, Murtizapur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATE : 4.5.2017.

None appeared for the petitioner as well as respondent Nos.1 and 2 on 13th April, 2017 and 25th April, 2017. Today again none appeared for the petitioner and the respondent Nos.1 and 2.

Heard Ms. S.Z. Haider, A.G.P. for the respondent No.3.

With the assistance of the learned A.G.P. I have examined the documents placed on the record of the petition.

The petitioner has challenged the order passed by the School Tribunal by which the appeal filed by him is dismissed and the order of removal of the petitioner from service by the Management is upheld. By an interim order passed by this Court on 19th November, 2008 the Management was directed to reinstate the petitioner and to pay salary. The respondent No.1 - Management has filed Civil Application No.1088/2017 on 3rd May, 2017 in which it

2 wp3526.08 is stated that inspite of the interim order, the petitioner has not reported for joining the service and he is working in some other institution.

It appears that the petitioner is not interested in prosecuting the matter. The petition is dismissed for want of prosecution. In the circumstances, the parties to bear their own costs.

CAW NO.1088/2017.

In view of dismissal of the petition, the application filed by the respondent No.1 for dismissal of the writ petition has become infructuous, hence, it is disposed of.

JUDGE Tambaskar.

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