Public Ecucation Society, Thr. President, Adv. Shekh Nasir Shekh Nazir v. Riyaz Ahmed Khan Niyaz Ahmed Khan And Another

2024:BHC-NAG:7712 1 907.WP.4269-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4269 OF 2024 ( Public Education Society, Thr. its President Vs.

Riyaz Ahmed Khan Niyaz Ahmed Khan & Anr. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.M. Vaishnav, Advocate for the Petitioner. Mr. S.A. Ashirgade, Addl.GP for the Respondent No.2/State. CORAM: N.R. BORKAR, J.

DATED : 19th JULY, 2024 Heard.

2.

This Petition takes exception to the order dated 21.06.2024 passed by the School Tribunal, Amravati below Exh. 36 in Appeal No. 45/2018.

3.

The Respondent No.1 herein who was working on the post of Headmaster in the School run by the Petitioner/Society has filed the above appeal against the order of termination of his services.

4.

The learned Counsel for the Petitioner, submits that the Respondent No.1 has filed one order dated 01.05.2013 before the School Tribunal purportedly issued by the Petitioner/Society, withdrawing the termination order. It

2 907.WP.4269-2024.odt is submitted that, the said order dated 01.05.2013 was never issued by the Petitioner/Society and it is forged document. The learned counsel for the Petitioner, submits that the application was, therefore made to refer the said order dated 01.05.2013 for the opinion of hand-writing expert. It is submitted that, the learned School Tribunal has rejected the said application by the order impugned only on the ground that it is moved belatedly. It is submitted that, considering the facts and circumstances of the case, the learned School Tribunal ought to have allowed the application. 5.

I have perused the impugned order. Considering the reasons assigned by the School Tribunal, to reject the application, I am not inclined to interfere with the order impugned.

6.

The Petition is therefore dismissed. No costs. 7.

Pending application/s, if any, shall stand disposed of accordingly.

(N.R. BORKAR, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 20/07/2024 14:48:49