wp1690.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1690 OF 2011 Chandulal s/o Jagannath Choudhari, R/o:5-A, Suraj-Kesari Nagar, Korit Road, Nandurbar ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary in Department of Education, Mantralaya, Fort, Mumbai, 2) The Education Officer (Secondary), Zilla Parishad Nandurbar, Nandurbar, 3) The Head Master, Kuldeepak Secondary & Higher Secondary School, Zamanzar, Tq-Nawapur, Dist-Nandurbar, 4) Aadivasi Dyan Peeth, Through its Chairman, Shri. Mahadu s/o Shankar Gavit, Having its office at: In front of Aashapuri Mandir, Nawapur, Tq-Nawapur, Dist-Nandurbar. ...RESPONDENTS. wp1690.11 2 ... Shri.A.A.Mukhedkar Advocate for Petitioner. Shri.S.K. Kadam, A.G.P. for Respondent Nos. 1 and 2. Shri.P.S. Patil Advocate for Respondent Nos. 3 and 4. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 23RD DECEMBER, 2011. PER COURT : 1. Heard learned counsel for the parties. 2. The Petitioner's grievance is that with retrospective effect he was suspended from 18th October, 2010. Suspension order was passed on 22nd November, 2010. The Petitioner is also facing prosecution on a criminal charge. The charge-sheet is filed. The Petitioner has filed separate proceeding in this Court for quashing of charge- sheet, being Criminal Application No.5301 of 2010. wp1690.11 3 3. The counsel for the Petitioner submits that the Management has not acted in accordance with the provisions of Rule 33(1) of Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. 4. The counsel for the Management submitted that enquiry officer has been appointed few months back but the Petitioner is resorting to filing of Petitions, therefore, the enquiry officer was unable to take up the matter and complete the enquiry. 5. We do not find that mere filing of the Petition should desist the enquiry officer to proceed with the enquiry. The Petitioner has shown willingness that he would face the enquiry. Both, the Petitioner and Management now make a statement that enquiry be proceeded with and completed within a time frame. The Petitioner undertakes to wp1690.11 4 co-operate with the enquiry officer. We expect the enquiry officer to complete the enquiry within three months from today. 6. It is clarified that this Court has not addressed any other issue raised by the Petitioner. In respect of other grievances like suspension allowance, salary, the Petitioner is entitled to file appropriate representation. If such representation is received by the Management and Education Officer, appropriate orders be passed on the representation. In case the Petitioner is aggrieved by the order passed on his representation, the Petitioner is at liberty to resort to appropriate remedies as permissible in law. 7. With these observations, the Writ Petition is disposed of. 8. Authenticated copy of this order be wp1690.11 5 provided to the learned A.G.P., to be forwarded to the Education Officer (Secondary), Zilla Parishad, Nandurbar. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/DEC11