Remanded

Pradip Shankar Sonwane v. the State of Maharashtra and Others

Bombay HC7 Sept 2016WP/6508/2016

Case brief

AI extract

What is this about?

The court allowed intervention in a civil application. It directed the Deputy Director of Education to record rival contentions regarding the petitioner's transfer order and dispose of the matter within four weeks before the writ petition can be finally considered.

What did the court decide?

Civil Application for intervention allowed; Writ Petition remanded to the Deputy Director of Education for consideration.

Pradip Shankar Sonwane Vs the State of Maharashtra and… — Service and Employment | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(1) WP NO.6508 of 2016

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33 WRIT PETITION NO. 6508 OF 2016 WITH CA/10534/2016 IN WP/6508/2016

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PRADIP SHANKAR SONWANE VERSUS

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THE STATE OF MAHARASHTRA AND OTHERS

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Advocate for Petitioner : Mr.Kulkarni Mukul S. GP for Respondent State: Mr. A.B.Girase Mr.Sapkal V.D., Adv., for respondent no.3A. Mr.Sawant Amol S., Adv. for R/3B.

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Mr.Jagtap Vijay B., Advocate for intervenor.

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CORAM : R. M. BORDE & P.R. BORA, JJ. Dated: September 07, 2016

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PER COURT :-

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Civil Application (No.10534/2016) for

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intervention is allowed.

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The petitioner in Writ Petition No. 6508/2016 is objecting to the order passed by the Education Officer directing his transfer to Anglo Urdu High School, Sindkheda. Petitioner was functioning as a Principal at MHSS High School and Junior College at Sindhkheda before issuance of the impugned order. According to the petitioner, the issuance of the instant order is the outcome of disputes between the two groups of the management,

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AGP/-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(2) WP NO.6508 of 2016

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claiming control over the affairs of the educational institution. It is further contended by the petitioner that he is being unnecessarily harassed by one group of the management. He was also required to approach this Court by presenting Writ Petition No.4945/2015, challenging the order of initiation of an enquiry against him. However, after institution of the petition, the order was withdrawn by the management and, as such, the petition came to be disposed of.

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Considering the factual aspects, and the rival contentions of the parties, we do not deem it appropriate to consider the disputed questions of facts raised in the petition. It would be appropriate for the Deputy Director of Education to consider the issue, and after extending opportunity of hearing to all the parties concerned, the concerned officer may pass appropriate orders. The order passed by the Education Officer, impugned in the petition, shall not be pressed into service until the issue is considered by the Deputy Director of Education. It would be open for the petitioner, and all concerned parties, to raise their respective contentions before the Deputy Director of Education. The Deputy Director of Education, after considering the rival contentions, may record appropriate decision as expeditiously as possible,

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AGP/-

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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(3) WP NO.6508 of 2016

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preferably within a period of four weeks from today.

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With the directions as above, the Writ Petition stands disposed of.

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The parties may appear before the Deputy Director of Education on 20th September, 2016, and as such, no separate notice requiring their presence would be necessary.

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AGP/-

Pradip Shankar Sonwane v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Pradip Shankar Sonwane v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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