1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.918 OF 2009 (Smt. Smita Nishikant Mehetre vs. Education Officer (Primary) 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 : APRIL 28, 2009 Heard Shri Parchure, learned Counsel for the petitioner, Shri Mishra, learned Counsel for the respondent no.1, Shri Sambre, learned Government Pleader for the respondent no.2, and Shri Dhabe, learned Counsel for the respondent no.3. Shri Parchure, learned Counsel for the petitioner, has brought to our notice action of the Education Officer as well as Deputy Director of Education of withdrawal of administrative and financial powers of the petitioner, who is Head Mistress of the School in question on the ground that she failed to comply with the directions issued by the 2 Education Officer and Deputy Director of Education vide communications dated 6.2.2009. It is submitted that by the said communications, the Management was directed to prepare and forward pay bills of Shri Subhash Budhe and Sau. Nalini Ambadkar, Assistant Teachers to the Education Officer for disbursement of salary. It is contended that in view of the Resolution passed by the Management in this regard, salary bills of the said two employees though prepared, could not be forwarded to the Education Officer for disbursement. It is submitted that petitioner is not at all at fault for non-compliance of the directions issued by the Education Officer and Deputy Director of Education. Shri Dhabe, learned Counsel for the respondent no.3 Management, states that the Resolution dated 28.9.2007 passed by the Management shall be withdrawn forthwith. In the backdrop of the above facts, we dispose of the petition by observing thus : In view of the statement made by the learned Counsel for the respondent no.3 Management, Resolution dated 28.9.2007 stands 3 withdrawn. The salary bills of the said two employees, which are already prepared, be forwarded to the Education Officer forthwith. The orders dated 6.2.2009 passed by the Education Officer as well as Deputy Director of Education are set aside. The administrative and financial powers of the Head Mistress of the School be restored forthwith. We want to express that in future, the respondent Management shall comply with the directions issued by the Education Officer as well as Deputy Director of Education scrupulously, failing which it will be open for the Deputy Director of Education to consider appointment of Administrator on the School. JUDGE JUDGE khj