Satish Balkrishna Patil v. Education Officer (Secondary), Zilla Parishad, Amravati

53WP 6190.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION 6190/2022 SATISH BALKRISHNA PATIL VS EDUCATION OFFICER (SECONDARY), ZILLA PARISHAD, AMRAVATI AND ANR. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Mr. P.S. Patil, Advocate for the petitioner Mrs. Kalyani R. Deshpande, AGP for respondent 1 None for respondent 2 CORAM : ROHIT B. DEO AND Y.G. KHOBRAGADE, JJ.

DATED : 03/01/2023 The grievance of the petitioner is that the administrative and financial powers of the post of the Headmaster entrusted to him have been withdrawn by the Education Officer without affording an opportunity of hearing.

2.

It is common ground that presently the petitioner is not holding the charge which is handed over to the next senior Teacher.

3.

In this situation, we deem it appropriate to direct the Education Officer to give post decisional hearing to the petitioner and pass an appropriate order within next seven days.

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53WP 6190.2022.odt 4.

The petitioner and the Management may appear before the Education Officer on 06.01.2023. The Education Officer shall take an appropriate decision on the entitlement or suitability of the petitioner to be the Incharge Headmaster after hearing the concerned stakeholders. We clarify that we are not disturbing the order impugned at this stage. The order impugned shall be subject to such decision which the Education Officer may take after hearing the parties concerned.

5.

Keeping all contentions open, the petition is disposed of.

6.

Authenticated copy of this order be supplied to the learned Counsel for the parties.

(Y.G. KHOBRAGADE, J.) (ROHIT B. DEO J.) SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge SANDIP MAHADEV GATE Date: 2023.01.03 18:57:22 +0530 SMGate