1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6407 OF 2011 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ Mr.D.R.Jayabhar, advocate for the petitioner. CORAM : S.V.GANGAPURWALA,J. Date : 25.08.2011. 1. Heard. 2. The present petitioner filed an appeal before the School Tribunal against his alleged oral termination. Along with the appeal, the petitioner also filed an application for stay of the said termination order. The said application is rejected. Aggrieved thereby, the present petition is filed. 3. Mr.Jayabhar, learned counsel for the petitioner submits that the petitioner had served with the Respondent Institution for more than 2 nine (9) years. The Tribunal has wrongly observed that there is no appointment order. The observations made by the Tribunal were against the record. The petitioner is out of service, as such the stay should have been granted. 4. The petitioner claims to have been orally terminated in the year 2006. The appeal is filed in the year 2011. Even if the case of the petitioner is accepted, the termination has already taken effect four (4) years back. In such circumstances, the Tribunal could not have passed any orders staying the termination order at an interim stage. The observations made by the Tribunal while deciding the interim application were only prima facie in nature. 5. In light of the above, no error is committed by the Tribunal in passing the impugned order. The Writ Petition is accordingly dismissed. However, there shall be no order as to costs. 6. Needless to state that the observations made are prima facie in nature and the Tribunal shall decide the appeal on its own merits and as 3 expeditiously as possible. (S.V.GANGAPURWALA,J.) Dt.25.08.2011. asp/office/wp6407.11