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2025 DAILYLAW 21497 (BOM)

BABU NEMA RATHOD v. THE STATE OF MAHARASHTRA AND OTHERS

WP/8002/2025 · 2025-07-29

Shri Manish Pitale, Shri Y G Khobragade

body2025

Judgment text

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936 WP NO. 8002 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8002 OF 2025 Babu Nema Rathod VERSUS The State Of Maharashtra And Others … • Mr. R. I. Wakade, Advocate for the Petitioner • Mr. A. B. Girase, GP for Respondents/State … CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ. DATE : 29.07.2025 PER COURT : 1. Heard learned counsel for the petitioner. 2. By this petition, the petitioner had sought a specific declaration that the enquiry committee constituted to enquire into the charges against him was constituted without authority and that its constitution was illegal. However, it is submitted that during the pendency of this petition, the enquiry is completed and as a consequence of the enquiry report, service of the petitioner has been terminated. 3. The petitioner now intends to challenge the order of termination/dismissal from service, and it is submitted that while this Jhs/ 1/2 2025:BHC-AUG:19978-DB 936 WP NO. 8002 OF 2025 petition may have to be disposed of as having become infructuous, liberty may be granted to the petitioner to raise grounds urged in this petition in the proposed appeal to be filed before the School Tribunal. 4. In view of the above, the writ petition is disposed of as infructuous, with liberty to the petitioner to raise the grounds specifically raised in this petition in the appeal proposed to be filed before the School Tribunal to challenge the order of termination/dismissal from service. 5. Pending applications, if any, also stand disposed of. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Jhs/ 2/2