Dipak Jagannath Rahane v. The State Of Maharashtra Through Its Principal Secretary And Others

905-WP-10699-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10699 OF 2023 DIPAK JAGANNATH RAHANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. T. M. Venjane, Advocate for Petitioner Mr. S. K. Tambe, AGP for Respondent Nos. 1, 3 to 5 Mr. A. R. Nikam, Advocate for Respondent No.2 ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:03.01.2024 PER COURT :- 1.

The Petitioner's name figures in the TET 2019 examination scam. He has been permanently debarred from appearing for further TET examination. He is in service. 2.

In several matters at the Principal Seat, at Aurangabad and at Nagpur, this Court has protected such candidates, who are in employment. It is, however, ordered that no further service benefits would be available to such candidates until they are absolved of the charge. So also, the departmental enquiry/ criminal investigation is permitted to proceed unhindered.

(( 2 )) 905-WP-10699-2023 3.

In view of the above, issue notice to the Respondents, returnable on 12.02.2024. The learned AGP waives service of notice on behalf of Respondent Nos. 1, 3 to 5. Shri Nikam, the learned Advocate, waives service of notice on behalf of Respondent No.2. 4.

Considering the observations in paragraph 2 above, the same conditions shall apply to the present Petitioner and Respondent Nos. 6 and 7 shall not terminate the services of the Petitioner. If the Petitioner is without salary, as there is no approval on account of lack of TET, the Management will have to pay the salary to the Petitioner in terms of the appointment order.

5.

All office objections to be removed within four weeks, failing which, this petition would stand dismissed without further reference to the Court.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS