1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6252 Of 2009 1. The Gulshan Seva-Bhavi Sanstha, Nilanga, Tq.Nilanga, Dist. Latur, Through its Secretary 2. The Gulshan Matimand Nivasi Matimand Vidyalaya, Nilanga, Tq.Nilanga, Dist. Latur Through its Head Master PETITIONERS VERSUS 1. The State of Maharashtra, Department of Social Welfare, Mantralaya, Mumbai – 32, Through its Secretary 2. Shaikh Ejajpasha Alipasha, Age-39 years, Occu-Business, R/o.Shivaji Nagar, Nilanga, Tq Nilanga, Dist. Latur 3. The District Social Welfare Officer, Zilla Parishad, Latur, 4. The Zilla Parishad, Through its-Chief Executive Officer, Z.P.Latur 5. The Divisional Social Welfare Officer, Latur Division, Latur RESPONDENTS Mr.G.V.Mohekar, learned counsel for the petitioner. Mr.S.V.Kurundkar, learned AGP for respondent no.1 and 5 2 Mr.S.G.Rudrawar, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 15/10/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition, the petitioner prays for issuance of a writ of certiorari for quashing the impugned judgment dated 1/15.7.2009 passed by respondent no.5 in appeal no.2/2009. The petitioners further pray for issuance of a writ of mandamus directing for special inquiry in pursuance to false and forged documents produced by respondent no.2. At the outset, we may state that we are not inclined to grant any relief to the petitioners in respect of prayer clause “D” to the petition in the light of the order which we are propose to pass. 3. The Second respondent has filed an appeal before the 5th respondent challenging his termination. We need not advert to the merits of the matter as the petitioner was informed by a communication dated 08/06/2009 that the hearing of the appeal was fixed on 10/06/2009. Aforesaid communication dated 08/06/2009 intimating the date of hearing as 10/06/2009 was received by the petitioner on 29/06/2009. This is apparent from the 3 endorsement of the Secretary on the copy of the letter dated 08/06/2009. This position about receipt of the said communication on 29/06/2009 has remain undisputed on behalf of the respondents. Be that as it may, the hearing was conducted by the 5th respondent as scheduled on 10/06/2009 and since the petitioner had not received the communication about the date of hearing, the petitioner was absent. The petitioner thereafter submitted a letter dated 02/07/2009 to respondent no.5 requesting that the petitioner may be permitted to produce the documents. The aforesaid opportunity came to be denied to the petitioner and resultantly the judgment came to be delivered by respondent no.5 allowing the appeal and directing reinstatement with back wages of respondent no.2. The petitioner being thus aggrieved has filed the present petition. 4. Undisputedly, the petitioner had not received the communication dated 08/06/2009 within time so as to have unable the petitioner to appear before the respondent no.5 on 10/06/2009. In fact the said communication was received by the petitioner on 29/06/2009 and consequently the petitioner has been denied the opportunity of hearing by respondent no.5. In that light of the matter therefore the impugned judgment is unsustainable. We make it clear that we have not dealt with any of the issues raised in the petition touching the merits of the matter. 5. Resultantly this petition is allowed and the impugned judgment is hereby quashed and set aside and the matter is remitted back to 4 the respondent for a decision afresh in accordance with Law after giving an opportunity of hearing to the petitioner. We direct the parties to appear before respondent no.5 on 06/11/2009 and further direct respondent no.5 to hear the parties and decide the appeal in accordance with Law within a period of 2 months of 06/11/2009. 6. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT 2009/wp6252-09