1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8799 OF 2009 Khatoon Minority Women’s Social Welfare & Educational Society & Ors. ..Petitioners Vs Kum.Shaikh Khairunnisa Shaikh Ahmed & Ors. ..Respondents ---- Mr.S.B.Shetye for the petitioners. Mr.A.R.Shaikh for the respondent no.1. Mr.S.N.Patil AGP for the State. ---- Coram : R.S.MOHITE,J Date : 11th November, 2009. PC 1 Heard all parties. AGP has been served and waives notice since Government is a formal party. 2 There is only a short point involved in the matter. Hence, rule. Rule made returnable forthwith and the matter is heard and finally disposed off. 3 There is no doubt that the inquiry conducted by the management as per rules-36 & 37 is vitiated for non compliance of mandatory requirement of rule-37(6) in so far as inquiry report is not submitted within a period of 10 days. The issue is covered by the Supreme Court judgment in the case of Vidya Vikas Mandal & Anr. Vs. Education Officer 2 & Anr reported in 2007(2) SC 19. The only contention raised is that in the aforesaid case the Supreme Court directed a fresh inquiry and directed that the order of termination should be treated as an order of suspension. It is contended that since the School Tribunal has held that only charges-9, 10 & 11 are substantial, any fresh inquiry will be restricted only for charges-9, 10 & 11. In this view of the matter, I am inclined to partly allow the Writ petition. Though the finding of the School Tribunal that the inquiry has been held by the management is in violation of rule-37(6) is confirmed, it is directed that the order of termination should be treated as an order of suspension and the management will be at liberty to conduct a fresh inquiry in respect of charges-9, 10 & 11. It is made clear that the respondents will be entitled to being paid subsistence allowance during the pendency of the fresh inquiry. The fresh inquiry will be completed within a period of six months from today. It is further directed that in case, fresh inquiry is not completed within a period of six months from today, for any reason not attributable to the teacher, then the teacher will be re-instated without prejudice to the rights and contentions of the parties in the inquiry. (R.S.MOHITE,J) 3 4