FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2407 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 Mr. R.N. Dhorde, Advocate for the petitioner Mr. D.J. Choudhary, Advocate for intervenors Mrs. A.V. Gondhalekar, AGP for respondent No.1 Mr. R.S. Deshmukh, Advocate for respondent No.3. CORAM :- P.B. MAJMUDAR & S.S. SHINDE, JJ. DATE :- 27th April, 2011. PER COURT :- 1] Leave to join Deputy Director of Education, Aurangabad as party respondent. . By way of present petition, the petitioner has challenged the suspension order on the ground that the body which has passed the suspension order is not authorized body, who represent the management. According to the petitioner, the authorized management is represented by respondent No.3. 2] The petitioner is going to retire by way of superannuation within 4 months and if he is still continued on suspension, he may not even get his retiral dues. 3] The intervention application is filed by the other FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2407 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 group asserting that they are managing the affairs of the institution. It is pointed out by Mr. Chaudhary, learned counsel appearing on behalf of the intervenor that the petitioner has not deliberately joined them as respondents even though the suspension order of the petitioner is passed by the managing committee of the intervenors. 4] Though it is true that the petitioner has not joined the management, which has passed the suspension order. However, in the dispute between the two groups of management, atleast the petitioner cannot be kept under suspension indefinitely. If ultimately the misconduct is proved in departmental proceedings, appropriate orders can be passed. 5] At present we are not inclined to go into the disputed question of facts, as to which body represents the management. Considering the same, we remand this matter for afresh decision to the Deputy Director of Education, Aurangabad, to decide the aspect about suspension of the petitioner and to find out, whether the suspension is required to be continued further. The deputy Director may hear the petitioner, the intervenor and the contesting respondent No.3, who is also asserting the right in management. The Deputy Director will thereafter take appropriate decision, after hearing the concerned parties, in FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2407 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 accordance with law and communicate the same to the petitioner. Since the petitioner is likely to retire in near future, we direct the Deputy Director of Education, to take appropriate decision about continuation of suspension or revocation of suspension order, or whether the management should be permitted to hold Departmental Enquiry in this behalf. At this stage, we may mention that the learned counsel for the intervenor submitted that there are serious allegations against the petitioner, for which he has given certain particulars. But, since we are remanding the matter back to the Deputy Director of Education, for taking afresh decision, we would not like to go into this aspect of the matter. It is for the Deputy Director of Education to go into this aspect while taking decision in respect of continuation/revocation of suspension of the petitioner. Learned AGP is requested to communicate this order to the Deputy Director of Education for taking appropriate decision in accordance with law. The decision may be taken within 4 weeks from today and the same be communicated to all the parties appearing before the Deputy Director. In view of the fact the petitioner is suspended in view of serious allegations, we are not inclined to grant stay to the suspension order. It is for the Deputy Director of Education to take appropriate decision, whether sanction is to be given to the suspension order or not. In case the Deputy Director comes to the conclusion that the suspension order is not required to be FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2407 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 continued, consequential orders can be passed by him and the parties shall abide by the said decision. 6] It is made clear that we have not expressed any opinion on merits of the case. All contentions raised by the parties are left open to be decided by the Deputy Director, in accordance with law. 7] With these observations, writ petition is disposed of. Civil applications, if any, stand disposed of. Parties to act upon the authenticated copy of this order. [S.S. SHINDE, J.] [P.B. MAJMUDAR, J.] grt/-