SHIVAJI GANGARAM SHINDE Vs. BLOCK EDUCATION OFFICER, KHANAPUR

JUDGEMENT

(1.) The petitioner has filed this petition seeking for quashing of the order passed by the Educational Appellate Tribunal & Principal District Judge, Belgaum, in E.A.T. Appeal No.7/2009 dated 31.12.2009 wherein the Appellate Authority has held that it has no jurisdiction to deal with the matter. The petitioner also prayed to set aside the order passed by respondent No.1, the Block Education Officer dated 25.02.2009 imposing penalty of Rs.1,14,149/- on the petitioner as per Annexure-B and also to cancel the enquiry initiated by respondent No.3 i.e., Administrator of Vishwa Bharat Seva Samithi-cum-Block Education Officer appointing respondent No.8 as an Enquiry Officer and for such other reliefs as the Court deems fit under the circumstances and particularly for refund of the amount recovered from the salary of the petitioner etc.

(2.) The brief factual matrix that, emanate from the records are that respondents No.6 and 7 by name Gopal Laxman Kangralkar and Sri Arjun Krishna Nilajkar were working as Head Master and S.D.A. respectively in respondent No.3 - Institution i.e., Vishwa Bharat Seva Samithi, Jamboti, Khanapur taluk, Belgaum district. There was some delay in disbursing the pensionary benefits to them by the respondent No.1 as well as the petitioner herein, holding that the petitioner is responsible for such delay and an amount of Rs.1,14,149/- was ordered to be recovered from the petitioner. Accordingly, for the present, it is submitted by the learned counsel for the petitioner that an amount of Rs.75,000/- has already been deducted from the salary of the petitioner by the Block Education Officer i.e., respondent No.1.

(3.) It is also the case of the petitioner that, at the instance of the Management, the respondent No.3 - Administrator-cum-Block Education Officer of Vishwa Bharat Seva Samithi, has appointed respondent No.8 as Enquiry Officer to conduct an enquiry with regard to the mis-conduct of the petitioner. The said Enquiry Committee is also sought to be quashed.