Bombay High CourtWP/845/2015partly allowed

Shri.Shrikant S. Vengurlekar. v. Mr.Nagesh S. Gosavi And 2 ORS.,

2016-07-07Hon'Ble Shri Justice C. V. Bhadang3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.845 OF 2015 Shri Shrikant S. Vengurlekar Asst. Teacher, Vikas High School, Valpe, Virnoda, Pernem Goa.

....Petitioner V/s

1. Mr. Nagesh S. Gosavi, The Head Master, Vikas High School, Virnoda Education Society, Valpe, Virnoda, Pernem Goa.

2. The Chairman, School Managing Committee, Virnoda Education Society's Vikas High School, Valpe, Virnoda, Pernme Goa.

3. The Director of Education, Government of Goa, Directorate of Education, Porvorim Goa.

.... Respondents Shri V. Pangam, Advocate for the Petitioner.

Shri A. Gosavi, Advocate for Respondent Nos.1 & 2.

Shri S. Dhargalkar, Additional Government Advocate for Respondent No.3.

CORAM : C.V. BHADANG, J.

DATE : 7th JULY, 2016 ORAL JUDGMENT :

Rule. Rule made returnable forthwith. The learned Counsel for the respondents waives service. Heard finally by consent of the

parties.

The learned Counsel for the petitioner states that the impugned order passed by the Director does not show that the documents have been properly considered.

Normally, this Court would be slow in interfering with any order, confirming the adverse confidential reports. However, the learned Additional Government Advocate, on instructions, states that the respondent no.3 shall rehear the petitioner and respondent nos.1 & 2 afresh and shall decide the matter in accordance with law. The statement is accepted. 4.

In view of the concession the following order is passed:

(i) The petition is partly allowed.

(ii)The impugned order passed by the learned Director is set aside.

(iii) The learned Director shall hear the petitioner and the

respondent nos.1 & 2 or their representatives and shall decide the matter afresh in accordance with law.

(iv) The Director shall issue notice to the petitioner and respondent nos.1 & 2 well in advance of the date of the hearing.

(v) The Director shall decide the appeal as expeditiously as possible and preferably within a period of three months from today.

(vi) The rival contentions of the parties are left open.

(vii) Rule is made absolute in the aforesaid terms with no order as to costs.

C.V. BHADANG, J.