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2013 Supreme(Bom) 1222

S.S.SHINDE
Bhaskar s/o Ramrao Bengal – Appellant
Versus
Vidyashakti Shikshan Sanstha – Respondent


Advocates Appeared:
For the Petitioners:R.J. Godbole, Advocate.
For the Respondents:R1 & R2, H.V. Patil, Advocate, R3 & R4, Mrs. V.A. Shinde, A.G.P.

Judgment :

Rule. Rule made returnable forthwith.

Heard finally with the consent of the parties.

2. The Writ Petition No. 6105 of 2012 is filed by the original respondent Nos. 1 and 2 in Appeal No. 43 of 2010 decided by the Presiding Officer, School Tribunal, Latur Region, Latur on 2nd December, 2011.

The Writ Petition No. 3100 of 2012 only takes exception to the clause (3) of the operative part of the judgment and order dated 2nd December, 2011 in Appeal No. 43 of 2010 passed by the Presiding Officer, School Tribunal, Latur. By the clause (3), the Presiding Officer, School Tribunal has ordered that, the appellant shall be treated under suspension from the date of order i.e. 2nd December, 2011 passed by the School Tribunal till the completion of the enquiry and shall be entitled to subsistence allowance as per Rule for the said period. The petitioner in Writ Petition No. 3100 of 2012 who is the respondent No.1 in Writ Petition No. 6105 of 2012, is the original appellant before the School Tribunal, therefore, for convenience, the parties will be referred to as 'original appellant" and "original respondents".

3. The original appellant filed Appeal No. 43 of 2010 before the School Tri























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