This court disposed of an interim application filed after a School Tribunal order finding that an applicant voluntarily resigned. The court rejected the prayer for interim injunction as there was no merit given the finding of voluntary resignation.
Prayer for interim injunction rejected; Civil Application disposed of.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE
CIVIL APPLICATION NO.21 OF 2009
IN
WRIT PETITION NO.3868 OF 2008
Shri Shihaji Kisan Khilare : Applicant
(Petitioner)
V/s.
Shri Bhairvanath Shikshan Sansha & Ors. : Respondents
Mr.S.V.Pitre for the applicant.
Mr.A.M.Joshi for respondent nos.1 & 2.
Mr.A.P.Vanarse, Asstt. Govt. Pleader for resp. nos.3 & 4.
CORAM : S.A. BOBDE, J.
DATE : FEBRUARY 26, 2009.
P.C.
Heard.
2. Mr.Pitre, the learned counsel for the applicant,
submitted that there is no dispute that throughout the
pendency of the appeal before the Tribunal, there was an
injunction, as a result of which the applicant was in the
employment of the School. Mr.Joshi, the learned counsel
for the respondent nos.1 & 2, however, points out that by
the impugned order, the Tribunal has rendered a clear and
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categorical finding that the applicant has resigned from
the services and that resignation was not forced upon him.
In fact, Mr.Joshi points out that the Tribunal has
recorded the respondents’ submission that it was the
applicant’s own contention that there was instances of his
misbehaviour with girl students and there was talk about
the same in the village where the School is situate. The
applicant submitted his resignation voluntarily in that
background. It is true that the Tribunal has not rendered
a particular finding about the applicant’s conduct, but
there is no doubt that the Tribunal has come to a clear
finding that the applicant’s resignation was voluntary and
not forced.
3. In this view of the matter, there is no merit in the
prayer that there should be an interim injunction as
granted during the pendency of the appeal before the
School Tribunal. Therefore, the prayer for interim relief
is rejected.
4. Civil Application stands disposed of.
S.A. BOBDE, J.
2 issues framed by the court
Whether the prayer for interim injunction should be allowed given the Tribunal's finding that the applicant voluntarily resigned.
Whether the Civil Application should be allowed or dismissed.
Shri Shihaji Kisan Khilare
Shri Bhairvanath Shikshan Sansha & Ors.
S.A. BOBDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court