Shri. Pratpasinh Madhukar Bhosale vs Gramin Vikas Pratishthan Through Its ...
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Bombay High Court

Shri. Pratpasinh Madhukar Bhosale vs Gramin Vikas Pratishthan Through Its ... on 17 September, 2025

2025:BHC-AS:38881

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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO. 6230 OF 2019

             Pratapsinh Madhukar Bhosale
             since deceased through
             Legal Heirs                                                                 ....Petitioners
                   V/S
             Gramin Vikas Pratishthan
             through its Chairman and Ors                                                ....Respondents
                                                      _________

             Mr. Vinayak Kumbhar i/b Ms. Ashwini Bandiwadekar, Advocate for the
             Petitioners.

             Mr. Sanjeev P. Kadam, Senior Advocate a/w Ms. Varsha Thorat,
             Mr. Suraj S. Mhadgut i/b Mr. Prashant P. Raul, Advocates for
             Respondent Nos. 1 and 2.

             Mr. Bapusaheb Dahiphale, AGP for Respondent No.3/State
                                        __________

                                                 CORAM : SANDEEP V. MARNE, J.

DATE : 17 SEPTEMBER 2025.

P.C.:

1. The Petition challenges judgment and order dated 4 January 2019 passed by learned Presiding Officer, School Tribunal, Pune to the limited extent of direction for conduct of enquiry afresh into the misconduct alleged against the Petitioner. By order dated 4 January 2019, the termination order dated 2 November 2013 has been set aside and the Petitioner was directed to be reinstated in service with full backwages and consequential benefits.

However, the School Tribunal granted liberty to the Respondent-Management to conduct enquiry against the Petitioner in accordance with law, if they so desired. If fresh enquiry was initiated, the same was directed to be completed within a period of 120 days.

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2. During pendency of the Petition, Petitioner has passed away on 11 October 2023. It appears that the Respondent-Management has also challenged judgment and order dated 4 January 2019 passed by the School Tribunal by filing Writ Petition No.1732 of 2019. On account of challenge to the order of the School Tribunal, it appears that the Respondent-Management has not conducted fresh enquiry against the Petitioner in pursuance of the liberty so granted. Now that Petitioner is no more there is no question of conduct of any fresh enquiry. Therefore, nothing survives to be adjudicated in the present Petition. The Petition is accordingly disposed of. However, it is clarified that disposal of the Petition shall have no bearing on Writ Petition No.1732 of 2019 which shall be decided on its own merits.

(SANDEEP V. MARNE, J.)

Digitally signed by SUDARSHAN SUDARSHAN RAJALINGAM RAJALINGAM KATKAM KATKAM Date:

2025.09.18 16:07:47 +0530