1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LETTERS PATENT APPEAL NO. 243/2009 IN WRIT PETITION No. 1587/2009. ( Arun Rajeshwar Bobade -: versus :- Shri Balaji Patil Chopne and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : SEPTEMBER 22, 2009. Heard Shri P.P. Thakre, learned counsel for appellant, Ms. K. Satpute, learned Counsel for respondent no. 1 and learned A.G.P. for respondent no.3. The School Tribunal has maintained the punishment in appeal and challenge before learned Single Judge was only restricted to quantum of punishment. The learned Single Judge has also maintained the quantum. In Letters Patent Appeal before us, it has been shown that charge sheet includes mis-conduct from 03.05.2007 and said misconduct is of un-authorized absence. Shri Thakre, learned counsel for appellant argues that the School was having vacation from 03.05.2007 and hence there was no question of any presence of appellant in the school. Ms. Satpute, learned counsel for respondent points out that charge sheet is issued on 5.11.2007 and charge is of absence till issuance of charge sheet. She further 2 states that petitioner has not joined the services at all. According to her, wife of petitioner is having an educational institute and hence petitioner was always remaining absent and he was absent for entire educational session 2006-07. In the light of the restricted challenge we have examined the controversy. Absence of appellant even after opening of the school from June, 2007 is not in dispute and his absence till November 2007 has come on record. Perusal of record show that he was also absent prior to said Summer vacation. In the circumstances, we are not inclined to interfere in the matter. Letters Patent Appeal is therefore dismissed, no costs. JUDGE JUDGE Rgd.