Bombay High CourtCAW/2268/2014admittedallwdgrantedrule absolute

Late Narayanrao Bihade Smruti Sanstha Telhara, Through Its President Akola v. Rajeshkumar Onkarrao Pachpor And Others

2016-01-04Hon'Ble Shri Justice Z.A. Haq3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.

3989/2014 Late Narayanrao Bihade Smruti Sanstha Telhara, through its President ..Versus..

Rajeshkumar Onkarrao Pachpor 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 : 4.1.2016 Heard Shri P.B. Patil, advocate for the petitioner, Shri P.A. Kadu, advocate for respondent no.1, Shri M.A. Kadu, A.G.P. for respondent no.2 and Shri B.M. Lonare, A.G.P. for respondent no.3. The submission on behalf of the petitioner is that the findings recorded by the School Tribunal that the enquiry held against the respondent no.1 - employee was not as per the Rule 36 and Rule 37 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 are not sustainable. After examining the record,

2 wp3989.14 in my view the petition requires consideration. RULE.

It is undisputed that the respondent no.1 - employee has been reinstated as per the impugned order on 30 th December, 2013, therefore, there is no question of granting any interim order and the petitioner - Management has rightly not prayed for interim order. Shri P.A. Kadu, advocate waives notice for respondent no.1. Shri M.A. Kadu, A.G.P. waives notice for respondent no.2. Shri B.M. Lonare, A.G.P. waives notice for respondent no.3. C.A.W. NO.

2268/2014.

The application for dispensing with true translation of document mentioned in it is allowed on condition that the same shall be filed by the applicant/petitioner as and when required by the Court. JUDGE

3 wp3989.14 Tambaskar.