Shikshan Vikas Mandal Thr Its Jt. Secretary And ANR v. Gurudev T Perulekar And ORS

4-wp3137-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3137 OF 2024 VAIBHAV RAMESH JADHAV Shikshan Vikas Mandal Through Its Jt. Secretary & Anr.

... Petitioners V/s.

Gurudev T. Perulekar & Ors.

... Respondents VAIBHAV RAMESH JADHAV Date: 2024.07.01 19:10:17 +0530 Mr. V. P. Sawant, Senior Advocate with Mr. Vighnesh Kamat i/by Mr. Prabhakar M. Jadhav for the petitioners.

Mr. Suresh Pakale, Senior Advocate with Mr. Nilesh Desai i/by Padmaja Malgaonkar for respondent No.1. Ms. Tanu N. Bhatia, AGP for respondent Nos.2 & 4 - State.

CORAM

: AMIT BORKAR, J.

DATED : JULY 1, 2024 P.C.:

1.

Arguable questions are raised. Hence, Rule.

2.

Prima facie it appears that the Tribunal recorded a finding that charges reproduced in paragraph No. 91.9 are held to be proved. However, while imposing the punishment, the Tribunal has considered the issues on merits. The Tribunal has recorded a finding that termination is disproportionate, however, failed to record a finding that the punishment is shockingly disproportionate or irrational or perverse. Therefore, the

4-wp3137-2024.doc petitioners have made out a case for grant of ad-interim relief. 3.

Hence, until further orders, there shall be ad-interim relief in terms of prayer clause (b). However, it shall be open for the respondents to file affidavit-in-reply for modification of ad-interim relief.

(AMIT BORKAR, J.)