1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5352 OF 2008 [Secretary, Arya Samaj Matunga & Anr. Vs. Smt.Sharda Upadhyay & Anr.] ----------------------------------------------------------------- Office Notes, office : Court’s or Judge’s orders Memoranda of Coram, : appearances, Court’s : orders or directions : and Registrar’s orders : ----------------------------------------------------------------- Mr.A.G.Kothari, Adv. for the petitioners. Ms.Sapna Rachure, Adv. i/b. T. N. Tripathi, Adv. for the respondent No.1. Mr.A.P.Vanarase, A.G.P., for State. CORAM : CORAM : CORAM : SMT.V.K.TAHILRAMANI,J. DATED : DATED : DATED : 5TH JANUARY, 2009. P.C.:- 1. Heard the learned Advocate for the petitioners and the learned Advocate for respondent No.1. 2. The respondent No.1 was appointed as an Assistant Teacher in the petitioner No.2 school which is run by petitioner No.1 Trust. The respondent No.1 was issued memos. Thereafter charge-sheet came to be issued against respondent No.1. After enquiry proceedings were conducted, the 2 services of respondent No.1 came to be terminated. Respondent No.1 filed appeal No.33 of 2002 in the School Tribunal, Mumbai. The School Tribunal, Mumbai by order dated 8.4.2008 disposed of the appeal recording a finding of procedural irregularity and directing the petitioners to conduct fresh enquiry against the respondent No.1 from the stage of issuance of statement of allegations. It was further directed that the enquiry shall be completed as far as possible within six months from the date of the order. 3. The learned Advocate for the petitioners has stated that he does not wish to press the present petition and he seeks liberty to withdraw the same and they will abide by the order dated 8th April, 2008 passed by the School Tribunal, Mumbai and they will hold an enquiry as stated in para-3 of the operative part of the order dated 8th April, 2008. However, he has 3 stated that the said period of six months having expired, the petitioners be granted a further period of six months from today to complete the enquiry. The learned Advocate for the respondent No.1 has stated that the petitioners be granted six months time from today to hold a fresh enquiry as stated in para-3 of the order dated 8th April, 2008. Hence, the time granted to the present petitioners to hold the enquiry in respect of respondent No.1 as stated in para-3 of the operative part of the order dated 7th April, 2008 is extended by a period of six months from today. 4. With the above observations, Writ Petition is disposed of as withdrawn. [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]