1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9288 OF 2010 Shri Uttam Janardhan Thorabole ... Petitioner v/s Management, Shri Sant Chokhoba Shikshan Prasarak mandal Hunnur & ors. ... Respondents Mr.Ashotosh M. Kulkarni for the petitioner. Mr.I.M.Khairdi for Resp. Nos.1 and 2. CORAM: SMT.NISHITA MHATRE, J. DATED: 16TH DECEMBER, 2010 P.C.: 1. The petitioner has approached this Court against the interim order passed by the Tribunal. This matter has been argued for some time. 2. It is the contention of the petitioner that the enquiry has been conducted pursuant to which he has been dismissed from service. According to the petitioner, a show cause notice was served on him and, therefore, he could not attend 2 the enquiry. It is contended that in view of this illegal action and the conduct of an enquiry which is per se vitiated, the Tribunal ought to have granted interim relief so that the petitioner could have continued as the head master for the school. 3. Mr.Khairdi appearing for respondent Nos.1 and 2 submits that the petitioner had notice of the enquiry being conducted against him as he has replied to the charges through an advocate’s notice. According to him, even earlier, the petitioner had replied to a show cause notice. He further submits that the petitioner was aware of the enquiry being conducted as it was conducted. He points out that it was held in the school premises despite which the petitioner did not think it fit to appear in the enquiry. In such circumstances, according to the learned advocate, there is no need to interfere with the order of the Tribunal which, in any case, is prima facie. 4. After hearing the learned advocates, in my opinion, the following order will meet the ends of justice:- There is no need to interfere with the order passed by the School Tribunal as the observations made by it are prima facie. The School Tribunal shall decide the appeal within 3 three months from today. Till then Mr.Virrappa G. Kahare who has been appointed as in-charge head master will continue to function without any rights or equities being created in his favour. 5. The Tribunal shall decide the appeal uninfluenced by the observations passed by it in its order which is impugned in this petition. 6. Writ petition disposed of accordingly. ..... 4