1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4946 / 2010 (Gurukul Shikshan Sanstha vs. The Education Officer (Sec) and others ) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : D.D.SINHA & A.P.BHANGALE, JJ DATED : 27th January, 2011. Heard Mr. J.T.Gilda, learned counsel for petitioner; Mr. Khubalkar, learned Assistant Government Pleader for respondent No.1 and Mr S.W. Sambre, learned Advocate for respondent nos. 2 and 3. Learned counsel for the petitioner has submitted that the petitioner is seeking a direction to respondent no.1 to withdraw the communication dated 30.6.2010 which is annexed as Annexure P-4 to the petition. Grievance of the petitioner is in respect of observations made by the Education Officer in paragraph 4 of the said communication, which reads thus: “ 4) Charges levelled against Shri Gujre and Smt, Panna S. Bora do not appear to be of grave nature.” Learned counsel for the petitioner has 2 submitted that such an observation without considering the nature of the charges and without enquiry being concluded are unwarranted and therefore, appropriate observation in the present order may kindly be made. Considered the rival contentions and perused the communication dated 30.6.2010 issued by the Education Officer. In the instant case, respondents no.2 and 3 are suspended by the petitioner-Management pending departmental enquiry. Since the departmental enquiry is pending, the Education Officer should not have mentioned in paragraph (4) of the impugned communication that the charges appear to be not grave. These observations should be ignored by the Inquiry Officer and he shall decide the enquiry in accordance with law as well as the evidence available on record, one way or the other. With these observations, cause of action in the present petition no more survives. Petition is disposed of accordingly. JUDGE JUDGE sahare