1 w7958.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7958 OF 2011 Satish Ganpatrao Dabhade .. Petitioner. Vs. Welfare Commissioner & Ors. .. Respondents. Mr.S.S.Kulkarni for the petitioner. Mr.S.S.Deshmukh for the respondents. CORAM : D.B.BHOSALE & R.G.KETKAR, JJ. DATED : 12TH OCTOBER, 2011 P.C. 1. Heard learned counsel for the parties. 2. Rule. Rule made returnable forthwith and heard finally by consent of the learned counsel for the parties. 3. By this petition, the petitioner has challenged the order dated 3rd September, 2011 passed by respondent no.2 – Board in the appeal filed by the petitioner against the order dated 2nd July, 2011 passed by respondent no.1. By this order dated 2.7.2011 the petitioner has been reverted from the post of Deputy Welfare Commissioner to the post of Workers’ Welfare Officer. 4. At the outset Mr.Kulkarni, learned counsel for the petitioner submitted that respondent no.2 - Board passed the impugned order S 2 w7958.11 without giving an opportunity of being heard to the petitioner. This submission has not been disputed by respondent nos.1 and 2. He fairly submitted that this order may be set aside and the matter may be remanded to the Board for hearing of the appeal afresh after granting an opportunity of being heard to the petitioner. In view of the submissions advanced by learned counsel for the parties, in our opinion, the following order shall meet the ends of justice: The order dated 3rd September, 2011 passed by respondent no.2 – Board dismissing the petitioner’s appeal against order dated 2nd July, 2011 is set aside. The appeal of the petitioner is restored to file. Respondent No.2 – Board to decide the petitioner’s appeal afresh after giving an opportunity of being heard to the petitioner as expeditiously as possible and preferably within a period of six weeks from today. It is open to the petitioner to submit additional material, if any, with written submissions within three days before hearing of the appeal. Mr.Kulkarni, learned counsel for the petitioner, on instructions, submitted that the petitioner shall submit additional material, if any, with written submissions within the time stipulated and that he shall not seek an adjournment on this ground. His statement is accepted. He also submits that the petitioner shall argue the appeal on the date fixed for hearing by the Board. All contentions of the parties are kept open. At this stage Mr.Kulkarni informs that the Board has already fixed hearing on 19th October, 2011. In view thereof the petitioner to file additional material, if any, 3 w7958.11 and written submissions on or before 17th October, 2011 is he so desires. It is needless to mention that respondent no.2 shall communicate their order to the petitioner within two weeks from the date of passing of the order. Rule is discharged in aforesaid terms. (R.G.KETKAR,J.) (D.B.BHOSALE,J.)