1wp-5727-09 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.5727 of 2009 Mrs Kumudini Vilas Purwantha ..Petitioner. vs. The State of Maharashtra & Ors. ..Respondents. Mr A.M. Joshi, Advocate for the Petitioner. Mr V.S.Gokhale, A.G.P., for Respondent Nos.1 to 3. Mr S.S. Salunkhe, Advocate for Respondent Nos.4 and 5. CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 23RD NOVEMBER,2009 2wp-5727-09 P.C.:- 1. Rule. Returnable forthwith. Heard finally by consent of parties. 2. The learned counsel appearing for respondent Nos.4 and 5 submits that the pension papers of the petitioner have not been forwarded to the Education Officer so far, because according to them, the petitioner is not co-operating in completing the audit of the account before she retires and she has also committed some financial irregularities. He submits that the petitioner has also not handed over the charge to her successor. In our opinion, if that is so, the respondent Nos. 4 and 5 should have submitted the information and papers called by the Education Officer in relation to the pension of the petitioner to the Education Officer and they should have put up their grievance against the petitioner. In our opinion, considering this situation, 3wp-5727-09 therefore, the following order would meet the ends of justice. ORDER: Respondent Nos.4 and 5 within a period of four weeks from today shall submit pension papers of the petitioner to the Education Officer (Respondent No.2). They may also submit a representation or an application requesting the Education Officer to make appropriate orders against the petitioner. They may also request the Education Officer not to release the pension of the petitioner, if, according to them for any reason the petitioner is not entitled to receive the pension. On being submitted the pension papers along with application, if any, by respondent Nos.4 and 5, the Education Officer shall grant an opportunity to the petitioner to rebut any allegation that may be made against her and shall grant an opportunity of being heard to both the sides and he may pass speaking order for 4wp-5727-09 whatever decision the Education Officer takes. The order shall be passed by the Education Officer within a period of six weeks from the date on which respondent Nos.4 and 5 submit the papers. In case, the Education Officer directs release of the pension of the petitioner, the respondent Nos.2 and 3 shall take immediate steps so that the petitioner gets pension. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)