1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Writ Petition No. 5410 of 2007 (Shikshan Prasarak Mandal & anr. vs. The One Member Grievance Committee for Entertaining Complaints of Shikshan Sevaks at Nagpur & Ors.) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- CORAM : D.D.Sinha and Mrs. Vasanti A. Naik, JJ. DATE : January 28, 2008. Heard Mr. S.A.Gordey, Adv. for the Petitioners, Mr.Khubalkar, Assistant Government Pleader for the Respondent Nos.1 and 3 and Mr.Prashant Shende, Adv. fr the Respondent No.2. The Petitioners have filed present Writ Petition against the order passed by the respondent no.1 in Appeal No.15 of 2005. Mr.Gordey, Adv. for the Petitioners has contended that the appeal of the respondent no.2-employee came to be allowed on the ground that the petitioner failed to grant reasonable opportunity of hearing to the respondent no. 2 before terminating his services on the ground of misconduct. It is contended that the observations made by the Grievance Committee in this regard cannot be sustained in law since the record is otherwise. We asked the learned 2 counsel for the petitioners to point out specific averment in the petition made by the petitioners in this regard. However, except the statement that the petitioner-Management issued show cause notice to the respondent no.2 whereby he was only called upon to give his explanation as to why his services should not be terminated, there is no averment ; specific or otherwise which would show that pursuant to the said show cause notice, hearing was given by the petitioner to the respondent no.2. In absence thereof, the observations made by the Grievance Committee in this regard cannot be said to be unfolded or de hors of the record. In the backdrop of the above referred facts, the action of the petitioner-Management is clearly violative of principles of natural justice and therefore, in our considered view, the impugned order is sustainable in law. No case is made out for showing indulgence. Hence, the Writ Petition is dismissed. JUDGE JUDGE ssj