Judgment:
Writ Petition No.948/2013 23.01.2013 Mr.Sanjay Gupta, learned counsel for the petitioner.
MRS.Sharada Dubey, learned Panel Lawyer for the respondents.
Heard.
In this writ petition, the petitioner has assailed the validity of order dated 2.1.2013 by which the earlier order dated 13.7.2012 by which the respondent No.4 was discharged from the post of Hostel Superintendent, Girls Hostel Newton Chikhali has been cancelled.
Learned counsel for the petitioner submitted that by the order dated 13.7.2012 the respondent No.4 was discharged from the duties of the post of Hostel Superintendent, Girls Hostel Newton Chikhali on the ground that she has completed five years of tenure.
Thereafter, the petitioner joined on the post of Hostel Superintendent, Girls Hostel Newton Chikhali on 8.8.2012.
However, by the impugned order dated 2.1.2013, the earlier order dated 13.7.2012 has been cancelled and the respondents No.4 has been again posted as Hostel Superintendent of the aforesaid Girls Hostel for academic session 2012-2013.
It is further submitted that the aforesaid order is arbitrary and irrational and being aggrieved by the aforesaid order, the petitioner has submitted a representation Annexure P/4 to the Competent Authority.
On the other hand, learned Panel Lawyer submits that the representation submitted by the petitioner shall be dealt with in accordance with law.
In view of submissions made by learned counsel for the parties and taking into account the fact that the petitioner is continuing on the post in question, the writ petition is disposed of with a direction to the Competent Authority to consider and decide the representation submitted by the petitioner expeditiously preferably within a period of two months from the date of production of certified copy of the order passed today.
Needless to state that the Competent Authority shall afford an opportunity of hearing to the petitioner as well as the respondent No.4 and shall pass a speaking order in accordance with law.
Till the representation submitted by the petitioner is decided, petitioner shall continue on the post of Hostel Superintendent, Girls Hostel Newton Chikhali.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Certified copy as per rules.
(Alok Aradhe) Judge RC