1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8483 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned counsel for the parties. Rule. Rule made returnable forthwith by consent of learned counsel for the parties. The principal grievance of the petitioner is that no opportunity of hearing was given to the petitioner before the impugned order was passed by the Education Officer dated 14.8.2009. From the order, which is impugned before us, we are unable to discern the fact that such notice was given or that the petitioner was in fact heard by the authority before passing the order. The effect of the order is to shift the petitioner from permanent post of Head 2 Master to in-charge Head Master, which obviously will have civil consequences. In such a case, it would have been appropriate if the authority were to proceed after giving notice and opportunity to the petitioner before taking any final decision. Be that as it may, the petitioner through counsel submits that he would be content even if ex-post facto hearing is offered to the petitioner and till the final decision is taken, he would continue to remain in the office of in-charge Head Master. In the circumstances, we direct the Education Officer to provide ex post facto hearing to the petitioner and in the event the Education Officer were to accept the stand of the petitioner, the order impugned before us will be deemed to have been set aside and instead fresh order to be passed by the Education Officer will have to be taken to its logical end. Indeed, that will be subject to remedy of any appeal or challenge available to the party affected by the said order. The Education Officer is directed to fix the hearing 3 on 23.2.2010 at 11-00 a.m. in his office on which date the petitioner shall appear before the Education Officer and submit all documents or relevant material in support of his claim. The Education Officer shall consider the same on its own merits and pass final order as may be advised on or before 31.3.2010. The Education Officer may also give opportunity to the respondent no.3 – management to participate in the said proceedings. Petition is disposed of on the above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) Dt/- 09.02.2010 ndk/c92102