 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO: 4185/2008 (Paramsukh Motiramji Nandagawali vs. Education Officer Z P and others ) --------------------------------------------------------------------------------------------- Office Notes, Office Memorandum of Coram Court's or Judges Order appearances, Court's orders of directions & Registrar's orders. ................................................................................................................................... CORAM: D.D.SINHA & A. P. BHANGALE , JJ. DATED: 20th March, 2009. *** Heard Mr. A Shelat, learned counsel for the petitioner; Mr Majumdar, learned Assistant Government Pleader for Respondent No.1 and Shri Shashikant Borkar, for Respondent No.3. 2. This Writ Petition is directed against the communications dated 19.12.2007 and 6.5.2008 issued by Headmistress of Mahatma Jyotiba Fule school run by Respondent-management, whereby house rent allowance, conveyance allowance are withheld ; so also increment for a period of one year was withheld. 3. Learned counsel for the petitioner has contended that there is no provision nor any procedure prescribed in law so far as withholding of house rent allowance, conveyance allowance, by the Respondent-Management and, therefore, the punishment imposed in this regard is without following due procedure applicable and, therefore, cannot be sustained. So far as imposition of  punishment of withholding of increment is concerned, necessary procedure applicable in this regard has not been followed. 4. Learned Assistant Government Pleader has not disputed that the Respondent-management without following proper procedure applicable in this regard and without taking into consideration the relevant rules has imposed punishment on the petitioner, though this aspect has been denied by the learned counsel for the Management. 5. In the backdrop of the above-referred facts, it will be appropriate for the Management to reconsider the entire issue afresh in the light of relevant provisions of the statutes and rules applicable in this regard and take a decision afresh by following the principles of natural justice 6. For the reasons stated hereinabove, the impugned communications dated 19.12.2007 and 6.5.2008 are quashed and set aside. The matter is remanded back to the Respondent-Management for reconsideration of the issue afresh in accordance with law and procedure applicable in this regard. 7. With the above direction, Writ Petition is disposed of. JUDGE JUDGE sahare