1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.4057 OF 2008. (DADASAHEB GAVAI CHARITABLE TRUST Vs ASHOK LUNGAJI WANKHEDE & OTH) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri C.S.Kaptan, Advocate for Petitioners. Shri V.S.Barsaiya, Advocate for Respondents. CORAM : B.P.DHARMADHIKARI, J. DATED : OCTOBER 10, 2008. 1. The matter is being considered by this Court since last few dates. Today during hearing learned Advocate Shri Kaptan fairly stated that the management can give one more opportunity to the respondent to cross-examine the witnesses by appointing his representative also, so that the enquiry can proceed further in accordance with the principles of natural justice. However, he states that the management has shown this inclination only to place its bonafides on record. 2. The learned counsel for the respondent states that if such opportunity is given the respondent will immediately 2 appoint his representative and cross-examination of all the witnesses, examined by the management, shall be completed within one month thereafter. He also states that subsistence allowance of the respondent has not been paid from June, 2006 till the date of termination. Learned Advocate Shri Kaptan states that if reasonable time is given to the management efforts will be made to clear that payment also. 3. In these circumstances, the writ petition is partly allowed by setting aside judgment and order of the School Tribunal only to enable the management to proceed further on the lines stipulated below : i) The management shall permit the respondent one more opportunity to nominate his representative and to cross-examine the witnesses examined by the management. ii) If the management finds it necessary to chage its nominee on the Enquiry Committee (as pointed out by Adv. Kaptan) the management shall do so within 3 a period of four weeks from today with advance intimation to the respondent. iii) The management shall within four weeks from today pay to the respondent subsistence allowance for the period from June, 2006 till 28.05.2007. To show its bonafides further the petitioner management shall pay him some amount at least before the current Deewali. iv) After the subsistence allowance is received by the respondent, within six weeks, he shall complete the cross-examination of the witnesses by nominating his representative on the Enquiry Committee. After the cross-examination is over, the enquiry report shall be submitted at the earliest possible and the management shall finalise the action on the said enquiry report as early as possible and in any case the entire enquiry shall be finished by 31st January, 2009. 4 v) The relief to be given to the present respondent shall be as per the adjudication i.e. result in the said Departmental Enquiry. 4. In the circumstances of the case, there shall be no order as to costs. JUDGE RR.