Dismissed

Sampatrao Ramachandra Patil v. the Education Officer (Primary) and Ors.

Bombay HC12 Dec 2008WP/700/2008

Case brief

AI extract

What is this about?

High Court Bench at Bombay dismissed a writ petition challenging the statutory authorities' inaction regarding alleged illegal appointments and fraud by a trust, finding no scope for judicial interference.

What the court decided

AI extract

Sampatrao Ramachandra Patil Vs the Education Officer… — Service and Employment | Bombay HC (2008)

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IN THE HIGH	COURT OF	JUDICATURE	AT	BOMBAY
CIVIL	APPEL	LATE	JU	RISDICTION
WRIT	PETITION	NO.700	OF	2008
Shri Sampatrao R. Patil		...Peti	tioner
v/s
The Education		Officer		(Primary),
Zilla Parishad, Sangli and others ...R	espondents
Ms D.S. Matwankar i/b Mr M.D. Parab fo	r Petitioner.
Mr P.I. Khemai, AGP for Respondents.
CORAM : J.N. PATEL AND S.J. KATH	AWALLA JJ.
DATE:12TH DECEMBER 2008

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P .C.-
1.			By the present pet	ition, the petitio	ner, who
is Ex	-Pres	ident	of the	respondent	No.7 -		The	Gandhi
Shikshan		Prasara	k Mandal,	Di	strict	San	gli,	seeks
directions		against	the respond	ent Nos.1	and	2	viz.	The
Education		Offi	cer (Primary)	, Zilla	Parish	ad,	Sangli	and
the	Dep	uty	Director of	Education,	Kolhap	ur	to	conduct
enquiry	into	the	affairs of	the r	espondent	N	o.7 -	Trust,
particularly		with	reference	to the	appr	oval	of	the
appointments		of	respondent	Nos..4 to	6.		The	petitioner

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has	alleged	that	the	statutor	y authori	ties ha	ve	failed
to	exercise	their	legal	and	statutory	duties	to	look
into	the	grievan	ces	of	the	petition	er	against
illegalities	commit	ted	by	the	respondent	Nos.4	to	6
while	obtaining	appr	oval	to	their	app	ointments	as
Shikshan	Sevak	and	als	o in	the matte	r of	release	of
grants.	The	auth	orities	ought	to have	seen	that	the

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respondent Nos.4 to 6 have committed fraud and prepared

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bogus and fabricated documents and committed forgery.

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An affidavit in reply is filed on behalf of

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2.	An affidavit in reply is filed on behalf of
the r	espondent No.1 wherein it is pointed ou	t that	there
is n	o forgery or bogus or fraudulent	documents	of
respondent	Nos.4 to 6 for sanctioning their	proposals	to
the	post of Shikshan Sevak and all the	allegations	made
by	the petitioner are baseless and improper.	It	is
further	pointed out by the respondent No.1	that	the
petitioner	who is the Ex-President of respon	dent No.7	-
Trust,	had appointed the respondent Nos.4	to 6	as
Shikshan	Sevaks / assistant Teachers and on	the	said
proposal	of respondent No.7, the respondent	Nos.1 and	2
have	sanctioned those posts of the respondent	Nos.4 to	6
by	giving approval. It is submitted	that t	herefore
there	is no necessity to make any enquiry.	The	learned
counsel	for respondent Nos.4 to 6 has pointed	out	that
the	issue is already subjudice before	the	School
Tribunal,	Kolhapur Region, Kolhapur. He	has	also

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pointed	ou	t that	the	C	harity C	ommissio	ner, Kolhapu	r has
also	taken	suo	motto	co	gnizance	against	the	petitioner
and	his	associates	for	mism	anagement	of	the affairs	of
the	Trust	during	his	tenure	as	President	of	respondent
No.7.	No	rejo	inder	is	filed by	the	petitioner to	the
affidavit	in	reply	of	the	responden	t No.1.	In	view
thereof,	no	case	is	made	out by	the	petitioner	for

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interference of this Court. Writ petition stands

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dismissed with no order as to costs.

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( J.N. PATEL J. )

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( S.J. KATHAWALLA J.)

Sampatrao Ramachandra Patil v. the Education Officer (Primary) and Ors.

Case brief

What is this about?

What the court decided

Sampatrao Ramachandra Patil v. the Education Officer (Primary) and Ors.

Case brief

What is this about?

What the court decided

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