Amar Jagannath Kadale v. Icles Motilal Jhunjhunwala College Thr. Its Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2229 OF 2023 Amar Jagannath Kadale ...

Petitioner Vs.

ICL Education Society through ...

Respondents President and Others WITH INTERIM APPLICATION NO. 1199 OF 2024 IN WRIT PETITION NO. 2229 OF 2023 Amar Jagannath Kadale ...

Applicants Vs.

ICLES Motilal Jhunjhunwala ...

Respondents College through its Secretary and Others Mr. Sadasivan Chittur Ramanathan for the Petitioner. Mr. Mihir Desai a/w. Mr. Omprakash Jha and Ms. Radha Naik i/b. Law Point for Respondent Nos. 1 and 2.

Mr. A. I. Patel, Addl. GP a/w. Mr. C. D. Mali, AGP for Respondent No.4.

CORAM : GAURI GODSE, J.

DATE :

9th FEBRUARY 2024 P.C.

Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2024.02.12 15:11:49 +0530 1/3 RAJESHWARI RAMESH PILLAI

1.

Learned counsel for the petitioner submits that grievance of the petitioner in this petition is that by the impugned order the petitioner was not permitted to examine any witness in the inquiry that was to be conducted by respondent no.1. He submits that in view of the observations made in the impugned order the petitioner was not permitted to examine witness in the inquiry that was conducted pursuant to the impugned order.

2.

Learned senior counsel appearing for respondent no. 1 submits that the impugned order is dated 14th October 2022 and pursuant to the direction in the impugned order inquiry is conducted and completed on 30th April 2023. He further submits that the petitioner participated in the inquiry and after giving fair opportunity to the petitioner, the inquiry has been conducted and completed. 3.

Since learned counsel for the petitioner is pressing the petition on the point of restrictions imposed by the impugned order for not permitting the petitioner to examine the witness, learned senior counsel for respondent no. 1 requests for a weeks time to place on record the affidavit in reply in support of the impugned order. 2/3

4.

Affidavit in reply to be filed within one week with an advance copy to the learned counsel for the petitioner. 5.

Stand over to 1st March 2024. To be listed under the caption for "Urgent Admission".

6.

Learned counsel for the petitioner at this stage prays for staying of the fresh order of termination issued pursuant to the inquiry. The said termination order is not subject matter of the present petition. 7.

Hence, no orders can be passed in respect to the fresh order. [GAURI GODSE, J.] 3/3