Bombay High CourtWP/704/2016dismissedrule discharged

Madhukar S/O. Punaji Sonwane, Bhandara v. Rashtriya Shikshan Sanstha Thr Its Secretary Shri. N. T. Farande, Bhandara And Others

2016-04-05Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande2 pages

0504wp704.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.704/2016 Madhukar s/o Punaji Sonwane ...Versus...

Rashtriya Shikshan Sanstha, through its Secretary Shri N.T. Farande, Lakhani, Bhandara and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Parchure, Advocate for petitioner Shri S. Borkar, Advocate for respondent no.1 Shri H.N. Verma, Advocate for respondent no.2 CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 05.04.2016 By this writ petition, the petitioner challenges the order of the Education Officer, Zilla Parishad, Bhandara, dated 8.12.2015 withdrawing the financial and administrative powers granted in favour of the petitioner. The petitioner also challenges the order of suspension issued by the respondent - Management, dated 31.12.2015.

The relief sought by the petitioner cannot be granted. The petitioner is prosecuted for an offence punishable under the provisions of Sections 7, 13 (1) (d) read with 13 (2) of the Prevention of Corruption Act. The petitioner was holding the administrative and financial powers of the Headmaster in

0504wp704.16.odt pursuance of the order of the Zilla Parishad. In view of the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules of 1981, the Management is empowered to suspend an employee pending prosecution or trial.

In the circumstances of the case, we do not find any illegality in the order of the Zilla Parishad in withdrawing the financial and administrative powers of the petitioner - Headmaster. Since the orders cannot be faulted with, the writ petition is dismissed with no order as to costs. JUDGE JUDGE Wadkar