1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4137 OF 2008 (Hiralal s/o Suryabhan Hedaoo vs. H.S. Pundkar and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JANUARY 12, 2009 Heard Shri Parsodkar, learned Counsel for the petitioner, and Shri Khandiwale, learned Counsel for the respondent nos. 1 and 2. Shri Parsodkar, learned Counsel for the petitioner, states that grievance of the petitioner is in respect of order of suspension dated 11.2.2008 issued by the respondent no. 2. It is contended that till this date, enquiry is pending and since 120 days are already over from the date of order of suspension and the period of enquiry is not extended by the competent Authority, the order of suspension does not survive in view of provisions of Rule 37(2)(f) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Shri Khandiwale, learned Counsel for the 2 respondent nos. 1 and 2, does not dispute the factual aspect of the matter regarding non-completion of enquiry within 120 days from the date of suspension. It is also not dispute that there is no approval obtained from the Deputy Director of Education for extension of period of enquiry. However, it is contended that enquiry shall be completed within one month from today. We have considered the contentions canvassed by the learned Counsel for the parties and perused provisions of Rule 37(2)(f) of the Rules of 1981. Clause (f) of Rule 37(2) of the Rules of 1981 contemplates that enquiry shall ordinarily be completed within 120 days from the date of order of suspension of the employee unless the Enquiry Committee in special circumstances seeks approval of the Deputy Director of Education for extension of period of completion of enquiry and in case enquiry is not completed within a period of 120 days or within the extended period, if any, the employee shall cease to be under suspension and shall be deemed to have re-joined duties without prejudice to continuation of the enquiry. The above referred provision is self explanatory, which not only requires the Authorities to complete the enquiry within 120 days or within the 3 extended period, but also provides consequences of non-completion of enquiry within the stipulated period. For the reasons stated hereinabove as well as in view of provisions of Rule 37(2)(f) of the Rules of 1981, the impugned order dated 11.2.2008 is quashed and set aside. The respondent nos. 1 and 2 are directed to reinstate the petitioner forthwith. However, the respondent nos. 1 and 2 are entitled to continue the departmental enquiry in accordance with law. If subsistence allowance is not paid to the petitioner, in that case, the same should be paid to him in accordance with law within a period of two weeks from the date of communication of this order. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj