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Bombay High Court

Bombay High Court Sets Aside School Peon’s Reinstatement Order

The Bombay High Court on 23 October 2026 set aside a School Tribunal order reinstating a dismissed peon, finding that procedural defects had caused no real prejudice to his defence.

Judge / Bench — M.M. Sathaye, J.

In Writ Petition 2115/2005, concerning Husen Kasam Shaikh, the Court held that the tribunal had misconstrued the disciplinary charges and overlooked the opportunities afforded during the inquiry. It also rejected attempts to supplement a fully argued case through later representations.

The management’s petition succeeded. Shaikh may withdraw the back-wages deposited in court under the 2005 interim order, with accrued interest, if any; no costs were ordered.

Advocates appearing — Petitioners/management and school: Kiran Bapat, Senior Advocate, with Samir Suryawanshi. Respondent 1: Kumud Bhatia. Respondents 2–3/State: Kavita N. Solunke, Additional Government Pleader, with S.L. Babar, AGP.

Party heard personally — Husen Kasam Shaikh, respondent 1, was also heard after his counsel.

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