Bombay High Court
Ajazuddin Zahiruddin vs Public Education Society, Thr. ... on 13 September, 2022
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CIVIL APPLICATION (CAW) NO. 1593 OF 2022
IN
WRIT PETITION NO. 3145 OF 2022
Ajazuddin Zahiruddin vs. Public Education Society and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr. P. A. Kadu, Advocate for petitioner.
Mr. S. M. Vaisnav, Advocate for respondent Nos. 1 and 2.
Ms. M. A. Barabde, AGP for respondent No.3.
CORAM : MANISH PITALE J.
DATE : 13/09/2022
CIVIL APPLICATION (CAW) NO. 1593 OF 2022
This is an application seeking recall of the
order dated 15/07/2022, which reads as follows :-
"Learned counsel appearing for
respondent Nos.1 and 2, submits that he has
instructions from the said respondents to make
a statement that they shall pay subsistence
allowance to the petitioner from the date of his
suspension i.e. w.e.f. 26/08/2019.
2. List this petition on 29/07/2022 to
enable the respondent Nos.1 and 2 to abide by
the aforesaid statement. "
KOLHE
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2. It is specifically stated in the application
that the aforesaid statement was made on behalf of
the respondent Nos.1 and 2 by a junior counsel
appearing for the said respondent, without
instructions.
3. Although the prayer made in the present
application is vehemently opposed by the learned
counsel appearing for the petitioner, this Court is of
the opinion that for the reasons stated in the
application, the same can be allowed.
4. Accordingly, the application is allowed and
the order dated 15/07/2022 is recalled.
CIVIL APPLICATION (CAW) NO. 2007 OF 2022
In this application, the petitioner is
seeking a direction against the respondent Nos.1
and 2 to restrain them from proceeding with the
departmental enquiry against the petitioner in
pursuance of the impugned judgment and order of
the Tribunal.
2. It is highlighted that the respondent Nos.1
and 2 have not paid amount towards subsistence
KOLHE
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allowance and the Tribunal also erred in not giving
any specific direction in that regard.
3. In fact, this Court issued notice in the
present petition, only on the said aspect of the matter
pertaining to payment of subsistence allowance and
also a statement made on behalf of the petitioner that
he would be ready to face the enquiry, so long as the
aspect of subsistence allowance is decided by this
Court.
4. At this stage the learned counsel
appearing for respondent Nos.1 and 2 submits that he
has brought a cheque of Rs.75000/-, to be handed
over to the petitioner, without prejudice to the rights
and contentions in the present matter. Looking to the
conduct of the respondent Nos.1 and 2, the petitioner
is apprehensive that the cheque may not be
honoured. In this context, the learned counsel for
the petitioner submits that the bank account details of
the petitioner shall be communicated to the learned
counsel appearing for respondent Nos.1 and 2 during
the course of the day. The learned counsel for the
respondent Nos.1 and 2 makes a statement that
amount of Rs.75000/- shall be transferred in the said
account of the petitioner by tomorrow i.e.
14/09/2022.
KOLHE
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5. In view of the above, list this petition
along with the present application for further
consideration/disposal on 26/09/2022.
6. In the meanwhile and till the next date of
listing, the respondent Nos.1 and 2 shall not proceed
with the enquiry.
JUDGE
Digitally signed byRAVIKANT
CHANDRAKANT KOLHE
Signing Date:15.09.2022
11:50
KOLHE
