Case Note & Summary
The petitioner, Smt. Sudha w/o Narayan Wanjari, filed a writ petition before the Bombay High Court, Nagpur Bench, against the respondents, including Maharashtra Gramhit Shikshan Sanstha and its officials, concerning a disciplinary enquiry. The parties consented to an order directing the management to complete the enquiry within three months from the date of the order, with the petitioner undertaking to cooperate and not cause any delay. Consequently, the court allowed the petition to be withdrawn and disposed of it accordingly. The judgment is brief, with no detailed factual background or legal arguments, as it was resolved by consent.
Headnote
A) Service Law - Disciplinary Enquiry - Consent Order - Withdrawal of Petition - The petitioner sought to withdraw the writ petition challenging disciplinary proceedings. By consent of parties, the court directed the management to complete the enquiry within three months and the petitioner to cooperate. Held that the petition is allowed to be withdrawn and disposed of as such (Paras 2-3).
Issue of Consideration
Whether the writ petition should be disposed of by consent with a direction to complete the departmental enquiry within a stipulated period.
Final Decision
The petition is allowed to be withdrawn and disposed of as such. The respondent/management shall complete the enquiry within a period of 3 months from today. The petitioner shall cooperate with the enquiry and not delay it in any manner.
Law Points
- Consent order
- Withdrawal of petition
- Enquiry completion timeline
Case Details
2010 LawText (BOM) (03) 150
Writ Petition No.5092/2009
S.A. Bobde, Vasanti A. Naik
Shri Anand Parchure for petitioner; Smt. B.H. Dangre, Additional G.P. for respondent no.4; Shri N.N. Thengre for respondent no.2 & 3
Smt. Sudha w/o Narayan Wanjari
Maharashtra Gramhit Shikshan Sanstha, Nagpur through its Secretary; Chandrakant Sitaramji Javdand; Adarsha Vidya Mandir, Kargaon through its Head Master; Education Officer (Secondary), Zilla Parishad, Nagpur
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Nature of Litigation
Service dispute regarding disciplinary enquiry
Remedy Sought
Withdrawal of writ petition by consent
Issues
Whether the writ petition should be disposed of by consent with a direction to complete the departmental enquiry within a stipulated period.
Submissions/Arguments
Parties consented to an order directing completion of enquiry within three months.
Ratio Decidendi
By consent of parties, the court directed the management to complete the disciplinary enquiry within three months and allowed the petitioner to withdraw the writ petition.
Judgment Excerpts
The respondent/ management shall complete the enquiry within a period of 3 months from today. The petitioner shall cooperate with the enquiry and not delay it in any manner.
Petition is allowed to be withdrawn and disposed of as such.
Procedural History
The writ petition was filed before the Bombay High Court, Nagpur Bench. On 3rd March 2010, the court passed a consent order allowing withdrawal and directing completion of enquiry within three months.
