Rajvinder Kaur Saini v. State Of Maharashtra Through Chief Secretary, Education Dept. And ORS.

Sr.No.905 WP 3982.15 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3982 OF 2015 Rajvinder Kaur Saini ....Petitioner versus The State of Maharashtra through Chief Secretary Education Department, Mantralaya, Mumbai and ors.

...Respondents

Mr. Rakesh R. Singh, advocate for the petitioner. Mr. Nikhil Chavan i/b. Mr. A. S. Deshmukh, advocate for respondent Nos. 2, 3 and 4.

Mr. V. M. Mali, AGP for the State.

CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ.

DATE : 2nd AUGUST, 2016.

P. C. :

Heard Mr. Singh, learned counsel for the petitioner and Mr. Chavan, learned counsel for respondent Nos. 2 to 4. 2.

By this petition, the petitioner is seeking revocation of his suspension order.

3.

Mr. Singh, learned counsel for the petitioner submits that though the petitioner is suspended by an order dated 28th February, 2015, neither an enquiry is initiated nor the suspension allowance is paid as per the Rules. Learned counsel for respondent Nos. 2 to 4 stated that the enquiry is already initiated but it cannot be concluded because of non-cooperation of the petitioner. He stated that the petitioner Shubhada S Kadam 1/2

Sr.No.905 WP 3982.15 would be paid suspension allowance as per the Rules including Rule 35(4) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. He also submitted that the enquiry against the petitioner would be completed expeditiously, and within a period of two months from today, provided the petitioner cooperates with the enquiry. Learned counsel for the petitioner submits that the petitioner would cooperate with the enquiry.

4.

In the above circumstances, following directions are issued :

1.

Respondent Nos. 2 to 4 are directed to conclude the disciplinary enquiry initiated against the petitioner as expeditiously as possible and preferably within a period of two months from today.

2.

The petitioner shall cooperate with the said enquiry.

3.

Respondent Nos. 2 to 4 shall pay the suspension allowance to the petitioner as per the Rules including Rule 35(4) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981.

The petition stands disposed of.

(ANUJA PRABHUDESSAI, J.) [RANJIT MORE, J.] Shubhada S Kadam 2/2