1 ASWP10167-2010 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10167 OF 2010 WITH CIVIL APPLICATION NO.1055 OF 2011 Sahadeo Kerappa Aiwale ...Petitioner Versus Jawaharlal Nehru High School, Siddhewadi, Pandharpur, Dist.Solapur ...Respondents Mr.I.M.Khairdi for petitioner. Mr.G.M.Savagave for resp.nos.1 and 2. Ms.S.S.Bhende, AGP for resp.nos.4 and 5. CORAM: B. H. MARLAPALLE & SMT. NISHITA MHATRE, JJ. August 20, 2011. P.C. 1. Heard Mr.Khairdi, the learned counsel for the petitioner. The petitioner impugns the order of suspension passed on 17/9/2010 by the respondent – management. The petitioner was the Head Master of Jawaharlal Nehru High School, Sidhewadi, Tal. Pandharpur, Dist. 2 ASWP10167-2010 Solapur. The main challenge to the order of suspension is on the ground that no prior approval was sought from and granted by the Education Officer (Secondary), Zilla Parishad, Solapur. It is also pointed out that though a charge-sheet was served on the petitioner, there is hardly any progress in the departmental enquiry and in fact the enquiry has not yet commenced. It is also alleged that the petitioner has not been paid subsistence allowance till this date. Shri Arun Shende, Chairman of the respondent – Society has filed affidavit in reply and submitted that the petitioner did not give his reply to the charge-sheet and he did not intimate the name of his nominee to defend his case before the Enquiry Officer. Copies of the letters addressed to the petitioner as well as the Education Officer indicate that the enquiry has not yet commenced into the charges levelled against the petitioner. As late as on 17/4/2011 the respondent – management has approached the Education Officer (Secondary) to seek the list of the teachers who have been conferred with the State awards so that such a teacher is appointed as the Enquiry Officer. 2. Rule 35 of the MEPS Rules, 1981 empowers the management to suspend the delinquent teacher only with the prior approval of the 3 ASWP10167-2010 Educatiion Officer (Secondary) and the period of suspension shall not exceed four months except with the prior permission of the Education Officer. In case where the employee is suspended with the prior approval, he shall be paid subsistence allowance under the scheme of the payment through a Co-operative Bank for a period of four months only and thereafter, the payment shall be made by the management concerned. As per Rule 35(4) of the MEPS Rules, 1981, in case where the employee is suspended by the management without obtaining prior approval of the appropriate authority i.e. the Education Officer, the payment of subsistence allowance even during the first four months of suspension and for further period thereafter till the completion of inquiry shall be made by the management itself. Rule 35(5) of the said Rules states that the subsistence allowance shall not be withheld except in cases of breach of provisions of sub-rule (3) or (4) of Rule 33 of the MEPS Rules. 3. We are, therefore, satisfied that the petitioner ought to receive his subsistence allowance from the management and at the same time the enquiry proposed against the petitioner must commence at the earliest possible and completed within the stipulated period of three months. 4 ASWP10167-2010 4. We, therefore, direct the respondent – management to appoint an Enquiry Officer and nominate its nominee within one week from today. The petitioner shall also intimate the name of his defence representative on the proposed Enquiry Committee within a period of one week. The enquiry shall be completed as expeditiously as possible and in any case before 31st October 2011. If the petitioner does not desire to nominate a defence representative, he may conduct his case on his own. We further direct the management to pay the allowance as per Rule 35(4) of the MEPS Rules to the petitioner along with the arrears within two weeks from today. 5. Petition is disposed off in terms of the above directions. 6. In view of the above, Civil Application No. 1055 of 2011 does not survive and the same stands disposed. (SMT.NISHITA MHATRE, J.) (B. H. MARLAPALLE, J.)