The High Court directed Respondent No. 3 to decide the Petitioner's pending representations regarding withheld salary within six weeks, finding the action prima facie without authority or jurisdiction.
Respondent No. 3 directed to decide Petitioner's representations within six weeks.
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wp-4413-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4413 of 2014
… Ms.Jyoti Rajesh Tiwari ...Petitioner v/s. Mahatm Gandhi Hindi Vidyalaya, Ranjanoli Bhiwandi & ors. ...Respondents …
Mr.Mandar V.Limaye for the Petitioner. Ms.S.S.Bhende, AGP for Respondent No.4.
CORAM : ANOOP V. MOHTA & A.A.SAYED, JJ. DATED : 14 SEPTEMBER 2015
ORDER:
We are inclined to dispose of present Writ Petition as submission
is made that without assigning any reason and without giving any opportunity, Respondent No.3 has stopped salary of the Petitioner who is working with Respondents Nos. 1 & 2 till this date. The Petitioner’s Representations dated 14-2-2014 (pages 18 & 19) are pending with Respondent No.3 and no decision is taken on those Representation till date. Therefore to avoid further delay and for the fact that Respondents Nos. 1 & 2-Management is aided Primary School, withholding of such salary is prima facie without authority and jurisdiction, Respondent No.3 is directed to decide the Representations of the Petitioners, as above, in accordance with
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law as early as possible preferably within six weeks from today.
Parties to act on an ordinary copy of this order duly
authenticated by the Registry.
(A.A. SAYED, J.)
( ANOOP V. MOHTA J.)
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CERTIFICATE
Certified to be true and correct copy of the original signed
Judgment/Order.
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Uday P. Kambli
1 issue framed by the court
Whether the High Court should direct the authority to decide pending representations regarding salary withholding without assigning reasons or opportunity.
Ms. Jyoti Rajesh Tiwari
Mahatm Gandhi Hindi Vidyalaya
Anoop V. Mohta
A.A. Sayed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
