1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5573 OF 2008 Sanjeevan Devidas Ghogre ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mr. Mukul Kulkarni, advocate for the petitioner Mr. K.J. Ghute Pati, AGP for respondent Nos. 1 and 2. Mr. A.P. Bhandari, advocate for respondent No.3 Mr. P.S. Pawar, advocate for respondent No.4 ..... CORAM: S. S. SHINDE, J. DATED: 23RD SEPTEMBER, 2009 PER COURT:- 1 Rule. Rule made returnable forthwith. By consent of the parties, matter is taken up for final disposal immediately. 2 This petition takes exception to the order dated 23.7.2008 passed by the Additional Commissioner, Tribal Development Department, Amravati. 3 By the impugned order, the promotion of the petitioner to the post of Head Master has been cancelled and approval is granted to 2 continue the petitioner as primary teacher till final decision of his appeal. 4 Learned counsel appearing for the petitioner raised an objection that the impugned order is passed by the authority without hearing the petitioner and on this ground alone, the petition be allowed. 5 Learned counsel appearing for the management respondent No. 3 has supported the impugned judgment and order. Learned counsel for the respondent No.4 has opposed the prayer in the petition. AGP has submitted that the impugned order is without hearing the petitioner. 6 After hearing counsel for the parties, I find that it is not in dispute that the impugned order is passed by the quashi judicial authority. Para 2 of the said order directly affects the petitioner, as by which the promotion of the petitioner is cancelled without hearing him. Therefore, the impugned order is not sustainable. It is well settled law that even in absence of any provision of hearing principles of natural justice are required to be followed when the decision is going to affect the rights of the parties concerned, substantially. Therefore, on this ground alone the impugned order is set aside. The authorities are directed to hear the parties concerned to the petition and pass appropriate order in accordance with law. It will be open for the parties 3 to raise all contentions before the appellate authority. Till the decisions is taken by the concerned authority, the parties are directed to maintain status quo. The authority to hear the parties and dispose of the proceeding within two months from the date of receipt of order from this Court. Rule is made absolute in the above terms. 7 Civil application, if any, stands disposed of. (S.S. SHINDE, J.) rlj/