1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3379 OF 2008 (Shailajabin Abdul Ajij Bari vs. President, Urdu Education Association and another) ___________________________________________________________________ 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 P.B. VARALE, JJ. DATED : SEPTEMBER 15, 2008 Heard Shri Kadu, learned Counsel for the petitioner, Shri Deshpande, learned Counsel for the respondent no.1, and Shri Thakre, learned Assistant Government Pleader for the respondent no.2. The petition is directed against the order of suspension dated 15.7.2008 issued by the President of the respondent no.1 Association. Shri Kadu, learned Counsel for the petitioner, states that the action of the respondent no.1 is wholly malafide and deliberate. It is contended that parents of the petitioner were pressurised by the President of the respndent no.1 2 Association for the purpose of withdrawing the proceedings initiated by the petitioner before the Joint Charity Commissioner, Amravati. It is submitted that the parents of the petitioner were informed by the President of the respondent no.1 Association that if the proceedings are not withdrawan, petitioner and her husband both will be harassed and their services would be terminated. It is contended that services of the husband of petitioner are already terminated by the respondent no.1 illegally and by the impugned order, petitioner is suspended since petitioner has not withdrawn the said proceedings, which were filed before the Joint Charity Commissioner. It is, therefore, submitted that if the order in the departmental enquiry is adverse to the petitioner, same may not be given effect to for a period of fifteen days. So far as grievance of the petitioner is concerned, same is premature at this stage. However, we expect the respondent no.1 to conduct departmental enquiry in a just and fair manner and strictly in accordance with law. So far as aforesaid protection is concerned, we do not propose to show any indulgence in this regard at this stage. Needless to mention that respondents shall release the 3 subsistence allowance due and payable to the petitioner. With these observations and directions, the petition is disposed of. JUDGE JUDGE khj