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2012 Supreme(Bom) 860

A.M.KHANWILKAR, S.S.SHINDE
Sunil Tulshiram Gavali – Appellant
Versus
Education Officer (Primary Section) – Respondent


Advocates Appeared:
For the Petitioners:B.D. Joshi, N.V. Bandiwadekar, Advocates.
For the Respondents:R1 & R2, C.G. Gavnekar, Advocate, R4, S.S. Bhende, AGP.

Judgment

1) Heard counsel for the parties. These Petitions take exception to the decision of the Chief Executive Officer, Zilla Parishad, Raigad, dated 15th February, 2012, whereby, decision to terminate the services of the Petitioners came to be confirmed after considering the explanation of the Petitioners, as was ordered to be done by this court in previous Writ Petition filed by the Petitioners vide Writ Petition No. 8645/2011 and connected matters, decided on 15th November, 2011. In the previous set of Petitions, the principal grievance was that the decision was taken by the concerned authority without issuing show cause notice to the Petitioners, although the Petitioners were working in the respective posts for more than one year, as permanent employees. In other words, it was argued that even if the authority intended to proceed against the Petitioners on the ground that their appointments were illegal, they should have been given at least a showcause notice. This grievance was accepted by the Court and the authority was directed to issue show cause notice and give opportunity to the Petitioners. The said decision therefore, did not decide any other issue.

2) As aforesaid, t














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