1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4362/2010 [Jaibharat Mahila Sewa Sanstha .vrs. State of Maharashtra and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : JUNE 20, 2011. Heard Advocate Shri A.D. Mohgaonkar for the petitioner, Government Pleader Mrs. Bharti H. Dangre for respondent nos.1 to 4 and Advocate Shri B.G. Kulkarni for respondent no.5. It is apparent that order of this Court dated 26.8.2005 in Writ Petition No.3904/2005 permitted the Management to complete enquiry as per the procedure applicable in that regard. The procedure applicable has been stipulated in the order of the Joint Charity Commissioner, Nagpur in Application No. 12/2004 on 8.10.2004. Because of internal dispute between the Management, the said authority has observed that any newly elected body shall not further pursue any activity in respect of inquiries against the 2 servant for their removal or dismissal without the permission of the Assistant Charity Commissioner, Nagpur. The petitioner, before us, is one group in Management and respondent no.5 appears to be from other group. He also was/is Head Master. His services were terminated after holding departmental enquiry on 7.1.2006 and challenge to that termination was pending in appeal. It appears that the change report submitted by the body of respondent no.5 was accepted and that acceptance was lateron set aside in appeal by the Joint Charity Commissioner and the matter is again pending before the Assistant Charity Commissioner. Taking advantage of that acceptance, the termination order of respondent no.5 was withdrawn and he was reinstated as Head Master. By impugned communication dated 4.10.2007 the Education Officer granted him administrative as well as financial powers subject to final orders in his Appeal No.3/2006 pending before School Tribunal, Nagpur. Lateron that appeal has been withdrawn. After hearing the learned counsel for the parties, we find that impugned communication is dated 4.10.2007 and it has been questioned for the 3 first time in the petition which has filed before this Court, on 27.8.2010 i.e. after about three years. Not only this rider on initiation or continuation, departmental inquiry imposed by the Joint Charity Commissioner is breached in the matter of dismissal of respondent no.5. In this view of the matter, we are not inclined to entertain this petition. With liberty to the petitioners to take recourse to such avenues as are open to them and keeping all issues open, the petition is disposed of. JUDGE JUDGE Gulande