1 FARAD CONTINUATION SHEET. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. W.P. NO.5494 OF 2008. Shaheen Sultana Azad..vs.. Municipal Corporation, Akola & anr. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, office Memoranda of Coram Court's or Judge's appearances, Court's orders or directions order and Registrar's order. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr.N.R.Saboo,, Adv. for the petitioner. Mr.R.M.Mardikar, Adv. for respondent no.1. CORAM: D.D.SINHA and A.P.BHANGALE,JJ. DATE : 5th March, 2009. 1. Heard the learned counsel for the parties. 2. The learned counsel for the petitioner states that the General Body of Municipal Corporation, Akola passed a Resolution dated 23/12/2008, whereby the petitioner was reverted from the post of Education Officer to Assistant Teacher in view of the provisions of Rule 56(2)(c) of Bombay Provincial Municipal Corporation Act. It is contended that on the same day the Municipal Commissioner also 2 passed another order dated 23/12/2008 in view of provisions of Rule 56(2)(f) of the said Act and suspended the petitioner from the post of Education Officer pending enquiry. 3. The learned counsel for the respondent-Zilla Parishad has submitted that pursuant to the said order passed by the Commissioner, the enquiry has been initiated against the petitioner and therefore, appropriate opportunity, in accordance with the procedure prescribed, shall be given to the petitioner during the said enquiry and hence, the grievance of the petitioner that the orders came to be passed without following principles of natural justice would not survive. Learned counsel for the Zilla Parishad further contended that till the enquiry is completed, the Resolution passed by the General Body dated 23/12/20089, will be kept in abeyance. 4. Considered the rival contentions canvassed by the respective counsel. In the instant case the grievance of the petitioner is only against the Resolution dated 23/12/2008 passed by the General Body; primarily on the 3 ground that same is violative of principles of natural justice. In view of the statement made by learned counsel for the Municipal Corporation, it is evident that till the enquiry is completed pursuant to the order of the Commissioner, the Corporation shall keep the Resolution dated 23/12/2008, passed by the General Body, in abeyance. Petitioner will get ample opportunity to defend his claim during the course of enquiry. The petitioner is directed to cooperate with the enquiry Officer. With these observations and directions, the writ petition is disposed of. JUDGE JUDGE. chute