Petitioner sought a writ to ensure an enquiry committee was constituted per private school service rules. The court held the petition premature and disposed of the matter with no order as to costs, keeping the points open.
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Sherla V.
wp.6781.2014_19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6781 OF 2014
Madanlal Nipane ... Petitioner Vs. State of Maharashtra ... Respondent
Mr.S.A. Rajeshirke for the Petitioner
Ms.S.S. Bhende, AGP, for Respondent Nos.1 & 2
CORAM: SMT. VASANTI A. NAIK & SHRI C.V. BHADANG, JJ.
DATE: 12th JANUARY, 2015
P.C.:
The petitioner has approached this Court seeking indulgence in a
Writ Petition filed under Article 226 of the Constitution of India for a direction to the Respondent No.3 to constitute the enquiry committee in accordance with the provisions of Rules 36 and 37 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.
An enquiry committee is constituted by the management for enquiring into the charges levelled against the petitioner, who was appointed as a Shikshan Sevak in the respondent school. It is the case of the petitioner that the enquiry committee has not been properly constituted
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wp.6781.2014_19.doc
as one of the members on the enquiry committee is not a State Awardee Teacher and he is also a retired teacher.
The petition is premature. It would not be proper for this Court to interfere in exercise of the writ jurisdiction during the pendency of the enquiry initiated against the petitioner. If the petitioner is really aggrieved by the illegal constitution of the enquiry committee, the petitioner is free to register his objection before the committee and raise a challenge in respect of the same, in case an adverse order is passed against the petitioner after culmination of the enquiry.
In view of the aforesaid, the writ petition is disposed of with no order as to costs. The points raised in the petition are, however, kept open.
(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)
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1 issue framed by the court
Whether the writ petition challenging the constitution of the enquiry committee is maintainable during the pendency of the enquiry.
2 provisions across 2 enactments
Madanlal Nipane
State of Maharashtra
Vasanti A. Naik
C.V. Bhadange
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
