(1) WP 7081.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7081 OF 2010 Shri Sharda Bhavan Education Society, Nanded PETITIONER VERSUS Varsha d/o. Harihar Chondekar RESPONDENT ..... Mr. R.R. Mantri, Advocate for the Petitioner. Mr. G.N. Chincholkar, Advocate for the Respondent. ..... CORAM : V.R. KINGAONKAR, J. DATED : 12TH JANUARY, 2011 ORAL ORDER:- 1. Heard. 2. Mr. Mantri makes a statement that the petitioner has not dismissed the respondent (Varsha Chondekar). He makes a statement that enquiry proceedings are being conducted against the respondent after placing her under suspension and she is being paid the suspension allowance; or if is not being paid, then will be paid immediately the suspension allowance alongwith the arrears within a (2) WP 7081.2010 month. He makes a further statement that within period of two (2) months, the enquiry proceedings will be completed and the final order will be communicated to the respondent. 3. In case the respondent is dismissed by the petitioner, the respondent will be at liberty to amend the pleadings in the appeal no. 20 of 2009 filed by her before the School Tribunal, with liberty to seek further reliefs including the relief pertaining to alleged illegality of the dismissal. The petitioner may file written statement in the Appeal after such amendment. The hearing of the Appeal shall be stayed for a period of three months and if there is no separate dismissal order rendered, the Appeal to be decided on merits by the School Tribunal. It is made clear that the question regarding maintainability of the Appeal is kept open and that it will be subject matter of decision after the conclusion of the departmental enquiry. Needless to say that if the respondent is removed from service or is otherwise dismissed, she has the option to continue with the Appeal by making suitable amendment (3) WP 7081.2010 and challenge the order of dismissal or she has another option of filing some other proceedings or Appeal, as may be deemed proper. 4. Petition is accordingly disposed of. 5. The parties to act on a copy of this order, duly authenticated by the Court Sheristedar. Sd/- [V. R. KINGAONKAR, J.] arp