1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO. 3165 OF 2006 (Shishirbaba Kawduji Ghonmode .v. State of Maharashtra and another) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri V.V. Dhande, Advocate for the petitioner. Shri A.S. Fulzele, AGP for the respondents. CORAM : ANOOP V. MOHTA AND C.L. PANGARKAR, JJ. 21ST JULY, 2008 The petitioner, after considering the rival contentions based upon the due enquiry conducted, found to be guilty in granting an approval to the untrained Assistant Teachers in primary private school. The contention of the petitioner that those teachers and similarly situated teachers have been further approved by the State Government, itself cannot be the reason to overlook a finding arrived at by the Enquiry Officer after conducting due enquiry based on the charges and the fact which is proved that he had granted approval to the untrained Assistant Teachers contrary to the existing provisions and policies. Considering the misconduct of the petitioner, the respondents imposed punishment on the petitioner. There is nothing to justify that the respondents imposed 2 punishment by considering the gravity of misconduct and not by considering the caste of the petitioner. There is no grievance that the petitioner was held guilty in the Departmental Enquiry made against him after giving full opportunity and the petitioner is directly and substantially liable and responsible for the act of commission and omission as alleged against him. In view of this, there is nothing in this petition and the same is accordingly dismissed. JUDGE JUDGE *rrg.