1 WP 9446.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 9446 OF 2010 Suresh S/o Tukaram Chaudhari .... PETITIONER V E R S U S The State of Maharashtra & Others. .... RESPONDENTS Mr. S.V.Chandole, Advocate holding for Mr. V.G.Sakolkar, Advocate for the petitioner. Mr. V.D.Rakh, Asstt. Govt. Pleader for State Mr. S.R.Chowkidar, Advocate for Resp. No. 3 & 4. -------------------------------------------------------------------------------------------------------- CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 20/01/2011 PER COURT : 1. The petitioner, during the relevant time working as Head Master, was suspended on 30/5/2010. The criminal complaint was filed and was registered by the police, wherein some allegations were made against the petitioner. The petitioner, consequent to the registration of the F.I.R., was arrested on 29/5/2010. He was released on 10/6/2010. 2. The petitioner’s suspension was continued. Being aggrieved, the petitioner approached this Court challenging his suspension order being contrary to the provisions of Rule 33 ( 5 ) of the Maharashtra Employees of Private Schools ( Conditions of service ) Regulation Rules, 1981. The petitioner places reliance on the Judgment in the case of Madhukar 2 WP 9446.2010 Namdeo Patil V/s Chairman, Sudhagad Education Society and others reported in 2000 (4) Mh.L.J. - 206. 3. Mr. Chowkidar, learned counsel for the Management has placed on record certain documents. The learned counsel submits that departmental enquiry was initiated against the petitioner on certain charges. Enquiry Committee was constituted. The petitioner participated in the enquiry. The enquiry was concluded. The management has taken decision to retire the petitioner compulsorily. Accordingly resolution was passed and a proposal is already forwarded to the authority concerned. 4. Without entering into the merits of the issues raised by the petitioner and the respondent in respect of the services of the petitioner, we find it appropriate to dispose of the petition on the statement made by the management. In case the petitioner is compulsorily retired, even the petitioner is entitled to take recourse to the appropriate remedies as permissible by law. In view of the subsequent development, the Writ Petition is disposed of. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 9446.2010