1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.718 OF 2007 IN REVIEW PETITION NO.40 OF 2007 IN WRIT PETITION (L) NO.1054 OF 2007 Shri Radhyshyam R. Pandey .. Appellant. Versus The President/Secretary, Marwari Commercial High School Education Trust & Others .. Respondents. Mr.M.M. Vashi for the appellant. Ms.A.B. Shah for respondent Nos.1 and 2. Ms.Mugdha Jadhav, AGP for respondent Nos.3 and 4. CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & CORAM : SWATANTER KUMAR, C.J. & J.P. DEVADHAR, J. J.P. DEVADHAR, J. J.P. DEVADHAR, J. DATED : 24th March, 2008 DATED : 24th March, 2008 DATED : 24th March, 2008 P.C. : 1. Vide order dated 16-6-2007, the learned Single Judge issued rule in Civil Writ Petition (L) No.1054 of 2007 filed by the Management of Marwari Commercial High School and pass certain directions including that the Management should look into the complaint from girls and boys making allegations of molestation by the present appellant. An application for review was filed by the respondent seeking certain clarifications and praying for interim orders. This review application was dismissed by the learned Single Judge vide order dated 26-7-2007 giving rise to the filing of present 2 appeal. 2. The Management of the School vide order dated 25-2-2006 had terminated the services of the appellant, which was assailed before the School Tribunal by the Teacher. The School Tribunal vide its order dated 17-4-2007 had stayed the operation of the order of termination dated 25-2-2006. Correctness of this order of School Tribunal was assailed in the writ petition, which is already noticed above. 3. During the hearing of present, learned counsel appearing for the parties, upon instructions of their respective clients, who are present in Court, state that the appeal could be disposed of by consent terms. The agreed consented terms are as under : a. The order of termination dated 25-2-2006 will not be given effect to by the Management of the School. As a result of order of termination being not given effect to, the proceedings before the School Tribunal as well as the Writ Petition before the learned Single Judge would come to an end. 3 b. The appellant shall remain and continued to be in suspension during the completion of departmental proceedings. c. The appellant would be entitled to payment of subsistence allowance in accordance with the rules, during the period of suspension. d. The departmental enquiry shall be completed as expeditiously as possible and in any case not later than three months from 4-4-2008 as the next date before the Enquiry Officer is fixed on 3-4-2008. e. The appellant before this Court shall fully co-operate in completing the departmental enquiry and the Management shall also ensure that all necessary documents are given to the appellant well in advance so as to enable him to put forward his defence in the departmental enquiry fairly. In other words, none of the parties would delay the departmental enquiries. f. It is commonly stated that the Enquiry Officer has already been appointed and the Delinquent Officer may remain 4 present before him. The enquiry shall be conducted in the school premises after working hours of the School and/or on any holiday, but shall be ensured that no delay is caused. The Delinquent Officer shall remain present before the Enquiry Officer on 3-4-2008 at 4.00 p.m. g. The above are the agreed terms. The enquiry Officer shall submit his report immediately thereafter and the Disciplinary Authority shall pass appropriate orders including orders in relation to dues if any payable to the appellant within one month thereafter. 4. The appeal is disposed of in above terms with no order as to costs. CHIEF JUSTICE J.P. DEVADHAR, J.