SAU SHEELA RAMESHCHANDRA BARGAJE Vs. ADMINISTRATIVE OFFICER

JUDGEMENT

(1.) Rule. Learned counsel for the respondent nos.1 and 2 waives service. Respondent no.2 has expired. Petitioner seeks leave to delete the name of the respondent no.2. Leave to amend is granted to delete the name of the respondent no.2 from the cause title of the petition. Amendment to be carried out forthwith. Re-verification is dispensed with. Learned AGP waives service for the respondent no.4. By consent of parties, petition is heard finally.

(2.) By this petition filed under Article 226 of the Constitution of India, the petitioner has impugned the order of suspension dated 8th June, 2016 passed by the respondent nos. 1 and 3 under Section 4 of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 (for short 'the said MCS Rules, 1979 ').

(3.) The petitioner is the mother-in-law of the complainant who filed FIR on 4th June, 2016 alleging offences under Sections 498A, 313, 323, etc of the Indian Penal Code against the petitioner. The petitioner was arrested and was sent to 15 days custody. On 6th June, 2016, the petitioner was suspended from service as a teacher by the respondent no.2. The petitioner thereafter filed a criminal application in the month of August 2016 inter-alia praying for quashing the process. On 16th June, 2017, the Criminal Application filed by the petitioner came to be admitted. Interim relief came to be granted in favour of the petitioner. This Court directed the Police not to file charge-sheet without leave of the High Court. The petitioner thereafter filed a Criminal Application bearing No. 409 of 2017 on 28th June, 2017, in the pending criminal application for seeking discontinuation of the suspension order. The petitioner was granted liberty to withdraw the said proceeding with liberty to file a fresh petition. On 30th June, 2017, the petitioner retired from service. Since, the dues of the petitioner are not paid by the respondent no.1, the petitioner filed this writ petition inter-alia praying for quashing and setting aside the order of suspension dated 8th June, 2016 and for a declaration that the petitioner is regular in service since 6 th June, 2017. The petitioner also seeks an order and direction to grant all benefits to the petitioner before retirement and after her retirement treating her as a regular employee.