1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CIVIL APPLICATION NO.: 12331 OF 2008 IN LETTER PATENT APPEAL [St] NO.: 18394 OF 2008 IN WRIT PETITION NO.: 3567 OF 2008 1. We have heard learned counsel Mr. Talhar for the Applicant, Advocate Mr. Jadhavar for Respondent no.1 and learned A.G.P. Mr. Patil for Respondent Nos.2 and 3. This Civil Application was before this Court on 20th April, 2009. On that day, we had heard the learned counsel Mr. Shinde who, on that day, was holding for Advocate Mr. Talhar. We had also heard learned counsel Mr. Jadhavar. 2. Today, we have read original order dated 20th April, 2009. In view of the earlier order, Registrar (Judicial) has made available papers of the Writ Petition No.3567 of 2008. Copy of the termination order was annexed with the writ petition, the fact has been pointed out by learned counsel Mr. Jadhavar. Apart from this, we direct the Appellant to produce on record copies of the order passed by this Court on 6th August, 2009 before the adjourned date. If such copies are not produced on reord and not served on learned counsel Mr. Jadhavar and learned A.G.P. This civil application shall stand dismissed for want of prosecution, without back reference to this Court. 3. With the assistance of learned counsel for the parties, we have read the order passed by this learned Single Bench on 6th August, 2008. This order, and more specifically para 5 of the order, makes rference to Rule 33 (6) of M.E.P.S. 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. Rules, 1981. Learned Single Bench of this Court has observed in para 5 that “The plain reading of Rule 33 (6) would demonstrate that in case an employee working in an educational institution is convicted and sentenced for a penal offence, the Management would not take any adverse action if the employee had preferred an appeal to the higher Court and the conviction and sentence is finally confirmed by the higher Court. There may be cases where persons/ employees are convicted and sentenced by trial Court for serious and heinous offences involving moral characters. Whether it would be appropriate to allow such persons, pending their appeals before the higher Court,t o be reemployed in the educational institutions. What would be the intention behind framing Rule 33 (6) in the light of the fact that the provisions deal with the educational field. From this point of view, I find it desirable to seek views of the State Government including the views whether any modification to the Rules could be considered necessary.” 4. Learned A.G.P. Pointes out that appearance of A.G.P. For Respondent Nos.2 and 3 is not shown on the cause list. This position is not disputed by the learned counsel for the Applicant as well as Respondent No.1. Learned A.G.P. now seeks time to take steps in view of the earlier order passed by the learned Single Bench of this Court on 6th August, 2008. In our view, short adjournment would be appropriate for the learned A.G.P. to take steps and comply with the earlier order passed by the learned Single Bench on 6th August, 2008. This short time, we are granting, considering the attending facts and circumstances that the contempt petition 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. filed by the Respondent No.1 employee is pending before the learned Single Bench of this Court. 5. S. O. 22nd June, 2009. 6. Authentic copy of this order is permitted to the parties, on their request and as per usual procedure. [S. S. SHINDE, J.] [S. B. DESHMUKH, J.] Dated:09.06.2009 ans/12331