1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7513 OF 2009 Mr.Ashutosh Nandkishor Ranade )..Petitioner Vs State of Maharashtra & Ors. )..Respondents ---- W I T H WRIT PETITION NO.6159 OF 2009 Deccan Education Society & Anr. )..Petitioners Vs Shri Ashutosh Nandkishor Ranade & Ors. )..Respondents ---- Mr.A.M.Joshi for the petitioner in W.P. No.7513/2009 & for respondent no.1 in W.P.6159 of 2009. Mr.V.D.Borwankar for the petitioner in W.P. No.6159 of 2009. Mrs. A.D.Vhatkar AGP for the State. ---- Coram : R.S.MOHITE,J Date : 3rd December, 2009. PC 1 Writ petition No.6159 of 2009 is filed by the management impugning an order dated 10.6.2009 passed by the Presiding Officer, School Tribunal, Pune region, Pune. Whereas Writ petition No.7513 of 2009 is filed by the teacher. 2 In so far as Writ Petition No.6159 of 2009 is concerned, it is contended that the impugned order by which matter was sent back to the inquiry committee for a fresh inquiry in accordance with the directions was bad because there was no need for inquiry since the 2 teacher has accepted the allegations. My attention was drawn to the statement of allegations contained in the letter dated 29.1.2008 and the reply of the teacher dated 6.2.2008. In my view, there is no categorical admission of the allegations made. On the contrary, teacher was trying to justify his conduct. The said Writ petition has no substance and the same is rejected. 3 In so far as Writ Petition No.7513 of 2009 is concerned, the petitioner states that he has no grievance of holding inquiry in accordance with the directions. The grievance is that since the matter has been remanded, the order of termination ought to have been treated as an order of suspension pending the inquiry so as to enable the petitioner to get some subsistence allowance. This is also the procedure followed by this Court when matters are remanded for re-inquiry under the MEPS Act. 4 In the circumstances, in addition to the directions given by the College Tribunal, it is directed that the management will have the option of issuing suspension order effective from the date of the order passed by the School Tribunal if they so desire. If they do not wish to do so, then since the termination has been held to be bad, pending the inquiry, they will be liable to pay salary provided teacher joins the service. If the management choses to suspend the teacher pending the inquiry, then there will be only suspension allowance. Time to dispose off the inquiry is extended by four months from today. Both the writ petitions are disposed off. (R.S.MOHITE,J) 3 4