Bombay High CourtWP/665/2016dismissedrule discharged

Kishor Maniram Nagrale v. State Of Maharashtra Through Its Secretary, Deptt. Of Education, Mumbai And 5 Others

2016-03-08Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice V.M. Deshpande1 pages

1/1 wp665.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 665 OF 2016 Kishor Maniram Nagrale -vsState of Maharashtra, thr.its Secretary, Deptt. of Education and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.H.N.Potbhare, counsel for the petitioner.

Mrs.Geeta Tiwari, AGP for the respondent Nos.1 and 2. CORAM : SMT. VASANTI A. NAIK & V. M. DESHPANDE, JJ.

DATE : 08.03.2016.

By this petition, the petitioner challenges the charge-sheet issued by the respondent-Management to the petitioner on 04/12/2014 as also the notice asking the petitioner to appoint his nominee on the Enquiry Committee as required by the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. According the petitioner, an enquiry could not have been conducted by the respondent-Management against the petitioner for the reasons stated in the charge-sheet.

We are not inclined to entertain the writ petition to thwart the enquiry that is initiated by the respondent-Management against the petitioner. It would be for the petitioner to submit the reply to the charge-sheet and participate in the enquiry and record his objections, if any, to the constitution of the Committee or to the initiation of the enquiry by the respondent-Management. The petitioner can as well raise the grounds raised in the petition after the culmination of the enquiry if the punishment is inflicted upon the petitioner. The petition is premature and is liable to be dismissed. The writ petition is dismissed as such with no order as to costs. The points raised in the petition are kept open. JUDGE JUDGE KHUNTE