1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3814 OF 2007 (Chandragupt Zoluji Ambade vs. Education Officer, Zilla Parishad, Gondia and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND SMT. VASANTI A. NAIK, JJ. DATED : FEBRUARY 8, 2008 Heard Shri Jibhkate, learned Counsel for the petitioner, Mrs. Dangre, learned Additional Government Pleader for the respondent nos. 1 and 5, Shri Kale, learned Counsel for the respondent no.2, and Shri Borkar, learned Counsel for the respondent nos. 3 and 6. The petition is directed against the order of suspension dated 16.7.2007 passed by the Management whereby petitioner was suspended from the post of Secretary. Shri Jibhkate, learned Counsel for the petitioner, states that order of suspension is bad in law since same is not 2 passed by the Management as contemplated under the provisions of sub- section (12) of Section 2 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act and under Rule 33 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, procedure for inflicting major penalty is prescribed and power to suspend is vested in the Management. Be that as it may, Mrs. Dangre, learned Additional Government Pleader has brought to our notice that during pendency of the petition, service of the petitioner came to be terminated vide order dated 17.1.2008. In that view of the matter, in our considered view, it will be appropriate for the petitioner to challenge the order of termination before the competent Authority/Forum, which is entitled to consider the legality and propriety of the act of Management by which service of petitioner came to be terminated. However, so far as present petition is concerned, in the light of the above referred facts, we do not propose to keep it pending. The petition is disposed of 3 accordingly. JUDGE JUDGE khj