Dnyangangecha Bhagirath Mahatma ... vs Deepak Sadashivrao Ringne And ...
2021 Latest Caselaw 8373 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR

                                Writ Petition No. 8127 of 2019

    Dnyangangecha Bhagirath Mahatma Fule Shikshan Sanstha and Another
                                  Vs.
                 Deepak Sadashivrao Ringne and Another
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Office Notes, Office Memoranda of Coram,                               Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                               Mr. S.M. Vaishnav, Advocate for the petitioners
                               Mr. P.A. Kadu, Advocate for the respondent No.1
                               Mr. K.L. Dharmadhikari, AGP for the respondent No.2


                               CORAM : MANISH PITALE, J.

DATED : JUNE 23, 2021

Hearing was conducted through video conferencing and the learned counsel agreed that the audio and visual quality was proper.

2. It is fairly pointed out by the learned counsel appearing for the petitioners that the issue noted in the order dated 02/03/2020 passed by this Court, upon which a response from respondent No.2 was expected, has been settled by judgment of the learned Single Judge, (Coram : Anil S. Kilor, J.) by judgment and order dated 21/09/2020, passed in Writ Petition No. 3330 of 2019. Therefore, the question of maintainability of the appeal filed by the respondent - employee before the School Tribunal is no more res integra. The learned counsel for the petitioners submits that the impugned judgment and order of the

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Tribunal deserves interference for the reason that when there was finding regarding violation of statutory rules while conducting the enquiry against the respondent - employee, instead of allowing the appeal in its entirety, the Tribunal ought to have relegated the parties back to the stage at which there was finding regarding violation of the statutory rules.

3. As opposed to this, Mr. P.A. Kadu, learned counsel appearing for the respondent - employee submits that relegating the parties back to the stage where there was violation of statutory rules would not be in the interest of justice, because there is material to show that the respondent - employee has suffered victimization at the hands of the petitioner - management.

4. In view of the above, list this Petition for final disposal on 29th June, 2021 at 2:30 P.M.

JUDGE MP Deshpande