1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 245 of 2011 Subhash v. The State of Maharashtra and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms R.D. Raskar, Adv for petitioner Mr A.Z. Jibhkate, Adv for respdts 4,6 Coram: D.D. Sinha and A. P. Bhangale, JJ Dated : 28th January 2011 1. Heard Ms R.D. Raskar, learned counsel for petitioner and Mr A.Z. Jibhkate, learned counsel for respondents no. 4 and 6. 2. This writ petition is directed against the order dated 16.11.2010 passed by the Education Officer (Secondary) whereby permission was granted to the management to suspend the petitioner under rule 33 of the MEPS Rules. 3. Learned counsel for the petitioner has submitted that the grievance of the petitioner is two-fold : (1) That, during the period of suspension, subsistence allowance has not been paid to the petitioner by the management, and (2) In the impugned order, the Education Officer 2 (Secondary) has mentioned that the charges levelled against the petitioner are prima facie proved. 4. Mr Jibhkate, learned counsel for the management has submitted that so far as payment of subsistence allowance is concerned, that has been made by the management till January 2011. There is no reason for us to disbelieve the statement made by learned counsel for the management which, according to him, is reflected in the affidavit which is filed today on record. 5. So far as the observation made by the Education Officer (Secondary) that the charges levelled against the petitioner are prima facie proved is concerned, at this stage, according to us, is unwarranted. We, therefore, direct that the Enquiry Officer shall not be influenced by the said observation which is prima facie in nature and is not decisive in character. 6. With the above observations, writ petition stands disposed of. JUDGE JUDGE joshi