LAWS(BOM)-2005-5-29

PRADNYA PRADEEP KENKARE Vs. STATE OF MAHARASHTRA

Decided On May 05, 2005
PRADNYA PRADEEP KENKARE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard. Rule. By consent, the rule is made returnable forthwith.

(2.) The petitioners seek to quash the FIR No. 640 of 2004 dated 25th november, 2004 registered at Jogeshwari Police Station, Mumbai, on the ground that the same does not disclose any offence having been committed by the petitioners under the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989, hereinafter called as "the said Act".

(3.) It is the case of the petitioners that one Ankush Ramchandra Jadhav was appointed as Assistant Teacher on 12th June, 1989 in Arvind Gandbhir High school run by Jogeshwari Education Society wherein the petitioner No. 1 is the head Mistress since 1999, and prior to that, she was Assistant Head Mistress since 1997. The petitioner No. 2 is a Tax Consultant since the year 1992 and is working as Hon. Secretary of the said High School. The services of Ankush jadhav were terminated in a disciplinary proceedings against him. However, pursuant to the order of the School Tribunal, he was reinstated in the service. After the termination of his services and till he was reinstated in accordance with the order of School Tribunal, the said Jadhav was working in Gyaneshwar vidyalaya, Wadala, from 13th June, 1990 to 31st October, 1993. When the said fact was revealed to the Management of Jogeshwari Education Society, his services were decided to be terminated by getting order from the School Tribunal set aside. However, the matter was amicably settled between the parties.