P.C.
Rule.
Rule made returnable and heard forthwith.
2.The petitioner seeks an order quashing an order of suspension dt.14.11.2006 and an order directing respondent Nos.1 and 2 to allow the petitioner to resume her duties.
3.The petitioner was served a chargesheet dt.20.12.2006 in the first week of Jan., 2007. The first meeting of the Inquiry Committee was held on 4.3.2007. There are several allegations levelled against the petitioner in the chargesheet. The petitioner, of course has denied these charges. One of the main grounds alleged by the petitioner is that the suspension and inquiry is motivated only because she refused to comply with certain directions issued against the teachers for making contribution towards the tax liabilities of the school.
It is, however, important to note that the petitioner was suspended on 14.11.2006. In view thereof and in view of the judgment of this Court in 2004 (4) Mh.L.J. 513 (Hamid Khan Nayyar s/o Habib Khan V. Education Officer, Amravati and others), the petitioner is entitled to the benefit of Section 37(2)(f) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, as a period of 121 days, from the date of order of suspension, has expired.
4.Considering the order we intend passing it is not necessary for us to deal with the rival contentions of the parties. That will be for the Inquiry Committee to decide. In view of the apprehensions expressed regarding the inquiry being dragged on unnecessarily, it is necessary to safeguard the interests of the petitioner as well.
5.In the circumstances, Rule is made absolute in following terms.
(i) The Inquiry Committee shall conclude the proceedings and pass a final order on or before 31.5.2007.
(ii) The petitioner shall be at liberty to have her case represented by Smt.Sulbha Panditrao Munde.
(iii) The petitioner/her representative shall appear, in the first instance, before the Inquiry Committee at 11 a.m. on 26.3.2007 and, thereafter, as directed by the Inquiry Committee.
(iv) The petitioner is entitled to the benefit of Rule 37(2)(f) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, as specified in paragraph 11 of the order and judgment of the Division Bench in the case of Hamid Khan Nayyar s/o Habib Khan V. Education Officer, Amravati and others (supra). The petitioner shall be deemed to have rejoined the duties from 14.3.2007 and entitled to consequential benefits that would flow out of Rule 37(2)(f). The payment of arrears shall be the liability of the management.
The parties are at liberty to make appropriate applications in accordance with the provisions of the said Act and the Rules.
Copy of this order, duly authenticated by the Court Sheristedar, be provided to the petitioner.
Petition stands disposed of accordingly. No order as to costs.