: 1 : wp.7865.2010 vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7865 OF 2010 Shri Appa Bhimrao Pol .. Petitioner V/s. Rayat Shikshan Sanstha & Ors. .. Respondents Mr.Vishwanath Talkute for the Petitioner Mr.Milind Deshmukh for the Respondent No.3 Ms.S.S. Bhende, AGP, for Resp. No.4 CORAM: A.M. KHANWILKAR & R.Y. GANOO, JJ. DATED: JULY 21, 2011 P.C. 1. Heard Counsel for the parties. This petition essentially takes exception to the transfer order dated 27.7.20101. In the petition, an allegation is made that the petitioner is being victimised by frequently transferring him from one place to another and moreso, has not been paid his dues from time to time. Opposing this petition, the management has filed reply affidavit. In the reply affidavit amongst others, it is pointed out that the petitioner is allegedly responsible for fabricating the attendance register from 14.8.2010 onwards during the period when he was actually : 2 : wp.7865.2010 absent. That allegation has been countered by the petitioner. However, in deference to the observation made by the Court, the management has agreed to retransfer the petitioner to his original post at Shindewadi. It is not necessary for us to examine the other grievances made by the petitioner. All contentions raised by the petitioner in the present petition are left open to be considered in the appropriate proceedings as and when occasion arises. 2. The petitioner shall resume at Shindewadi on 1.8.2011. We make it clear that it will be open to the Management to proceed against the petitioner by way of departmental action for the alleged misconduct / misbehaviour, if any. Those proceedings will have to be decided on its merits in accordance with law. 3. The petition is disposed off on the aforesaid terms. We hope and trust that the Management will pay the outstanding dues for the period from 1.8.2010 to the petitioner expeditiously and in any case not later than 15 days from the date the petitioner resumes at Shindewadi on 1.8.2011. ( R.Y. GANOO, J.) (A.M. KHANWILKAR, J.)