Pratiksha Pundalik Mahalunge Nee Chhaya Vitthal Patil v. State Of Maharashtra Thr Secretary School Education Dept. And And ORS

bipin prithiani 21-wp-11642.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by BIPIN DHARMENDER PRITHIANI Date: 2022.10.07 16:17:07 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION NO. 11642 OF 2022 Pratiksha Pundalik Mahalunge Nee Chhaya Vitthal Patil ...

Petitioner

Versus

State of Maharastra & Ors.

...

Respondents ****** Mr. Sariputta P. Sarnath for the Petitioner.

Mr. S. B. Kalel, AGP for the State.

****** CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE : 6th OCTOBER, 2022 P.C. :- .

The petitioner is challenging the order of suspension, pending enquiry.

2.

The learned counsel for the petitioner submits that in the year 2021 some allegations were made, the notices were issued to the petitioner in the month of October 2021. No action was taken. Thereafter in March 2022, the petitioner was reverted. The petitioner has challenged the same before the School Tribunal. The School Tribunal has granted stay. The respondent is not implementing it, now the management has resorted to conduct an enquiry and they were suspending the petitioner.

3.

Suspension is not by way of punishment. The suspension is pending enquiry. The statutory period for conclusion of enquiry is not over. The suspension letter is dated 29th August, 2022.

bipin prithiani 21-wp-11642.22.doc 4.

In case, the equiry is not concluded within the period as specified in the MEPS Rules, the petitioner may agitate afresh. 5.

Writ Petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]