Bombay High Court
Ku. Jyoti D/O Mahadeorao Zade vs Education Officer (Secondary), ... on 17 August, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:12332-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4675/2023
Ku. Jyoti D/o. Mahadeorao Zade,
Aged about 56 years, Occ.: Service,
R/o. Manora, Tq. Manora, Dist. Washim. ----PETITIONER
--VERSUS--
1. Education Officer (Secondary),
Zilla Parishad, Washim,
Office at New Zilla Parishad Building,
Washim, Tq. & Dist. Washim,
e-mail : [email protected].
2. Deputy Director of Education,
Amravati Division, Amravati,
Tq. & Dist. Amravati.
3. Sunanda Narayansa Band,
Aged about 56 years, Occ.: Service,
R/o. Manora, Tq. Manora, Dist. Washim.
4. Assistant Charity Commissioner,
Washim, Tq. & Dist. Washim. ----RESPONDENTS
Ms. S. H. Bhagat, Advocate with Shri P. R. Agrawal, Advocate for Petitioner.
Ms. N. P. Mehta, Assistant Government Pleader for Respondent Nos.1 & 2/State.
Shri A. J. Gilda, Advocate for Respondent No.3.
CORAM : A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATED : AUGUST 17, 2023
ORAL JUDGMENT (PER : A.S.CHANDURKAR, J.)
1. Rule. Rule made returnable forthwith and heard the learned
Counsel for the parties.
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2. The petitioner is aggrieved by the communication dated
11.07.2023 that has been issued by the Education Officer (Secondary). By
the said communication, the financial as well as administrative powers
that were conferred to the petitioner pursuant to the earlier order dated
02.03.2023 came to be granted to the respondent No.3 for the period from
11.07.2023 to 30.09.2023. It is the case of the petitioner that despite the
fact that the period for which the administrative and financial powers had
been granted to the petitioner on 02.03.2023, the said period has been
curtailed and the respondent No.3 has been granted such powers. This
was done without hearing the petitioner.
3. The learned Counsel for the respondent Nos.1 and 3 do not
dispute the fact that the impugned communication dated 11.07.2023 has
been issued without hearing the petitioner. Since the administrative and
financial powers granted in favour of the petitioner were to operate till
31.08.2023, it was necessary for the respondent No.1 to have heard the
petitioner before curtailing the period for exercise of such powers. In
these facts, the following order will serve the ends of justice :-
I] The order dated 11.07.2023 impugned in the writ
petition that has been passed by the respondent No.1 is
set aside on the ground that it has been passed without
hearing the petitioner.
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II] The Education Officer (Secondary) shall hear all the
parties concerned including the petitioner, the
respondent No.3 as well as the Management and take a
fresh decision on the aspect of grant of administrative
and financial powers by 31.08.2023. It would be open
for the Education Officer (Secondary) to pass fresh
orders which shall take effect from 01.09.2023.
III] To enable such consideration, the parties including the
petitioner and respondent No.3 shall appear before the
Education Officer (Secondary) on 21.08.2023.
IV] Till such decision is taken and communicated to the
parties, the earlier order passed by the Education
Officer (Secondary) on 02.03.2023 shall continue to
operate.
4. All the questions on merit are kept open. The writ petition is
disposed of in aforesaid terms. Rule accordingly. No cost.
(MRS.VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)
RGurnule .
Signed by: Mrs. R.M. MANDADE
Designation: PA To Honourable Judge
Date: 18/08/2023 14:56:53
