Disposed

Valmik Daulat Gaidhani v. State of Maharashtra through the Principal Secretary and Ors.

Bombay HC20 Feb 2019WP/574/2019

Case brief

AI extract

What is this about?

The Court dismissed a writ petition challenging suspension after being informed the petitioner was terminated. It directed disposal of the grievance before the School Tribunal. The petition is disposed of keeping all contentions open. The matter is not heard on merits.

What did the court decide?

Writ petition disposed of keeping all contentions open for adjudication by the School Tribunal.

Valmik Daulat Gaidhani Vs State of Maharashtra through… — Service and Employment | Bombay HC (2019)

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(906)ASWP574.19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 574 OF 2019

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Valmik Daulat Gaidhani … Petitioner Vs 1 State of Maharashtra & Ors. ... Respondents

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Mr. Jayendra D. Khairnar for the Petitioner.

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Mr. V.M. Mali, AGP, for the Respondent Nos.1 & 2-State.

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Ms. Pranita P. Hingmire for the Respondent Nos.3, 4 & 5.

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CORAM : S.C. DHARMADHIKARI & M.S. KARNIK , JJ.

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WEDNESDAY, 20TH FEBRUARY, 2019

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P.C. :

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1 During the pendency of this petition, the petitioner

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has been terminated from service and there is an aff i davit f i led to

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that effect.

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2 The petitioner is also accused of suppression of

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material and relevant facts, including his approaching the School Tribunal.

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3 We do not think that we should go into these

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SRP 1/2

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(906)ASWP574.19.doc

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allegations and pronounce upon the correctness of it for in paragraph 9 of the writ petition the petitioner has indeed declared that he approached the School Tribunal, Nashik, but, advised as he was with regard to the jurisdiction or lack of it as far as the School Tribunal is concerned, he has approached this Court challenging his suspension and he had sought a protective relief restraining the Management from terminating him.

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4 Now that the termination has been communicated in writing and there is an appeal of the petitioner pending before the School Tribunal so also an application seeking condonation of delay in f i ling the same, it is for the School Tribunal to consider the entire grievance and in a proper perspective. We have no doubt in our mind that the School Tribunal will apply its mind to the controversy at hand and pass proper orders in accordance with law. Once the petitioner can impugn the termination order served on him and made by the Management in writing before the School Tribunal, then, keeping open all contentions, this writ petition is disposed of.

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M.S. KARNIK, J. S.C. DHARMADHIKARI, J.

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SRP 2/2

Valmik Daulat Gaidhani v. State of Maharashtra through the Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Valmik Daulat Gaidhani v. State of Maharashtra through the Principal Secretary and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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