Bombay High CourtWP/6521/2015dispossed offdismiss for default

Vitthalrao Chamat High School, Dighori Naka,Nagpur, Through Head Mistress, Mrs. Kalpana Dilip Mungl v. The Deputy Director Of Education, Nagpur Region, Nagpur And Another

2016-03-10Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

1003wp6521.15.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 6521 OF 2015 (Vitthalrao Chamat High School, Dighori Naka Vs. The Dy. Director of Education, Nagpur & another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N. D. Khamborkar, Advocate for the petitioner. Smt. K. S.Joshi, A.G.P. for respondent No.1.

Shri Anand Parchure, Advocate for respondent No.2. CORAM : B. P. DHARMADHIKARI AND P. N. DESHMUKH, JJ.

DATED : 10 MARCH, 2016 Heard for some time.

We do not find any error in the impugned order. However, as that does not stop the petitionermanagement from holding another proceeding, we find it appropriate to see that same is conducted in transparent manner.

We direct the petitioner to supply to respondent No.2-employee copy of the pursis along with six annexures therewith during the course of the day. We grant respondent No.2 leave to file appropriate reply to the Show Cause Notice dated 25/6/2015, afresh. We are not going into the controversy whether the petitioner has refused to receive such reply already tendered by respondent No.2.

1003wp6521.15.odt 2/2 Respondent No.2 shall serve copy of the said reply upon the office of respondent No.1 also. Said reply shall be filed within a period of three weeks from today. After receipt of that reply, the petitioner shall give advance notice of further date and stage fixed in the matter to respondent No.2. Respondent No.2 shall be supplied with such notice at least 7 days in advance of the scheduled date and stage thereof.

After giving the respondent No.2 due liberty, the petitioner shall pass fresh orders within further period of three months.

Keeping all rival contentions open, with the above directions, we dispose of the petition. No costs. JUDGE JUDGE wwl