Allowed

Shri. More Rajendra Ashokrao v. State of Maharashtra, through Its Principal Secretary, School, Education Dept. and Ors.

Bombay HC13 Sept 2015WP/8330/2014

Case brief

AI extract

What is this about?

The High Court of Bombay, in Civil Appellate Jurisdiction, quashed an order terminating the petitioner's service as an Assistant Teacher for violating natural justice principles by not issuing a show cause notice. The Writ Petition was allowed, directing the release of withheld salary.

What did the court decide?

Impugned order quashed; Petitioner allowed; salary to be released within six weeks.

Shri. More Rajendra Ashokrao Vs State of Maharashtra… — Service and Employment | Bombay HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 8330 OF 2014

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Shri More Rajendra Ashokrao

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….Petitioner.

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Vs.

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State of Maharashtra & Ors.

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….Respondents.

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Mr. J.G. Reddy (Aradwad) for the Petitioners. Mr. V.N. Sagare, AGP for Respondent Nos.1 and 2. Mr. R.S. Alange for Respondent Nos. 3 and 4.

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CORAM : ANOOP V. MOHTA AND A.A. SAYED, JJ. DATE : 15 SEPTEMBER 2015.

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ORDER:-

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Rule. Rule is made returnable forthwith.

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Heard finally, by consent of the parties.

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2 We are inclined to dispose of this Writ Petition, as

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admittedly no show cause notice was given, as contemplated under

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the basic principles of natural justice, before passing the impugned order, whereby the Petitioner's services were terminated by withdrawing the approval, which was granted initially as “Shikshan Sevak” and later on as “Assistant Teacher” . The Petitioner is working

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since 1 September 2010 and still in service. Therefore, in view of the orders passed by this Court in various matters including, Writ Petition No. 9477 of 2013 and other connected matters dated 24 April 2015, we are disposing of the present Writ Petition.

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3 Impugned order dated 7 August 2014 passed by Respondent No.2-Education Officer (Secondary) Zilla Parishad, Solapur is quashed and set aside. Writ Petition is allowed in terms of prayer clause (b). The concerned Respondent to release the salary, if it is withheld, based upon the impugned order, as early as possible, preferably within six weeks from today, by following due procedure of law. All points are kept open

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4 Rule made absolute accordingly.

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5 There shall be no order as to costs.

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(A.A. SAYED, J.) (ANOOP V. MOHTA, J.)

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