1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2340 OF 2009 Shree Mallinath S.P. Mandal and others .. Petitioners Vs The Education Officer (Secondary) Z.P., Solapur and others .. Respondents I.M. Khairdi for the petitioners Shri. S.R. Nargolkar, AGP for the respondentes CORAM : BILAL NAZKI & SMT. V.K. TAHILRAMANI, JJ. DATE : 18th June, 2009 P.C.: 1. Heard learned counsel for the parties. With consent, the petition is being disposed of at this stage. 2. The grievance of the petitioners is that the order having civil consequences and resulting in rendering position jobless was passed by respondent no. 1 on 27th January, 2009 even without giving a chance of being heard to the petitioners. 3. Counter affidavit has been filed and it is conceded that impugned order was passed without issuing any notice to the RMA wp2340­09.sxw 2 petitioners. 4. The impugned order narrates that the complaint had been filed against the petitioner nos. 3, 4 and 5, had been granted approval by respondent no. 1 on their appointment but on the basis of the complaint received by respondent no. 1, he had cancelled the approval granted by him earlier. Since the order renders the petitioner nos. 3 to 5 jobless and the order has been passed without hearing the petitioners, on this ground alone, order can be quashed. Resultantly, we allow this writ petition, quashed the order impugned in the writ petition. However, respondents shall have a liberty to proceed in accordance with law against petitioner nos. 2 to 5 if he feels that there are complaints against their appointment which need to be looked into. [ BILAL NAZKI, J] [ SMT. V.K. TAHILRAMANI, J] RMA wp2340­09.sxw 3 RMA wp2340­09.sxw