1 wp6370.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 6370 OF 2010 Rekha Chandrasen Thakare ...Petitioner Vs. The Director, Deccan Education Society and others ..Respondents. Mr. R.M. Haridas i/by Tushar Sonawane for the petitioner. Mr. V.D. Borwankar for Respondent No.1. Ms. S.S. Bhende, AGP for the Respondent Nos. 3 and 4. CORAM : P.B. MAJMUDAR AND A.A. SAYED, JJ. DATE : 1ST MARCH 2011. P.C. 1. In response to our order dated 25th February 2011, an affidavit is filed by one Dr. Shrikrishna Neelkanth Kanetkar, Secretary of the respondent institute. In the affidavit it is stated that the Advisory Committee has taken decision for dismissing the petitioner from service vide a Resolution on 7th February, 2011 and on that basis ultimately dismissal order was passed. 2. The learned Counsel for the petitioner states that it was the duty of the Counsel for the respondent to intimate this fact to the Court when the Court passed order on 9th February, 2011. The petition is regarding challenge to the suspension order and the Advocate took time on 9-02-2011 and on subsequent date the Court is informed that dismissal order is passed. 2 wp6370.10.sxw 3. Though the management was within its right to pass dismissal order at least management should have informed their advocates that decision is already taken to dismiss the petitioner from the service when matter was heard on 9th February, 2011 and Advocate concerned should have informed the Court. Impression should not be created in the mind of the Court that respondent tried to overreach the Court proceedings. The management may remain more cautious in future regarding the pending proceedings and appropriate feedback should be given by the management to the concerned Advocate well in advance. Since now the dismissal order is passed, the petition has become infructuous, which petition is filed against the suspension order. Petitioner is given liberty to take appropriate proceedings challenging dismissal order. Subject to what is stated above, the petition is disposed of. ( A.A. SAYED, J. ) (P.B. MAJMUDAR, J.)