1 Lrs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.9716/2009 Smt Suvarna Prasad Atre ..Petitioner. vs. Shubhangi Sopanrao Hanchate and others ..Respondents. Mr S.S.Shah, Advocate for the Petitioner. Mr C.R. Sonawane, A.G.P.,for Respondent No.7. Mr Nitin Jamdar for Respondent Nos.3 and 4. CORAM: D.K. DESHMUKH AND A.R.JOSHI,JJ DATED: 19TH JANUARY,2010 P.C.:- 1. On a motion made by the learned counsel for the petitioner name of Respondent Nos. 1, 2, 5 and 6 are permitted to be deleted. 2. Rule. Returnable forthwith. Heard finally by consent of parties. 2 3. By this petition, the petitioner challenges endorsement made below the letter dated 15.7.2009 by the Respondent no.3 directing withholding of the salary payable to the petitioner. The petitioner is working as a Headmaster of a recognized private school. It appears that there was some complaint made to the Administrative Officer of the Municipal Corporation regarding acceptance of resignation of one teacher in the school of which the petitioner is the Headmaster. By the endorsement dated 15.7.2009 the Education Officer has directed that the salary of the petitioner should not be released till inquiry is made into the complaint made in relation to the acceptance of the resignation of one teacher. According to the petitioner, the Education Officer has no authority in law to issue that direction. 4. We have heard the learned counsel for Respondent No.3. He is not in a position to point out any provisions of law which empowers the Education Officer to issue a direction for withholding the salary of the Headmaster merely because some enquiry about resignation of a teacher is pending or continuing. It is clear that the direction issued by the Education Officer which is impugned in the petition is 3 clearly without authority of law and therefore it is liable to be set aside. In the result, therefore, the petition is allowed. Direction contained in the letter dated 15.7.2009 withholding the salary payable to the petitioner, as the Headmaster of the private school, is set aside. Rule made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (A.R.JOSHI,J)