LAWS(BOM)-2022-7-113

RIZWANULLAH KHAN AMANULLAH KHAN Vs. STATE OF MAHARASHTRA

Decided On July 07, 2022
Rizwanullah Khan Amanullah Khan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for rival parties.

(2.) The Head Master and teachers of Moulana Aazad Nagar Parishad Urdu Vidyalaya Wa Kanishtha Mahavidyalaya, Daryapur, run by the Municipal Council, Daryapur, District Amravati, are the Petitioners before this Court, who have challenged various orders passed by the Respondents, which had the effect of withholding increments permanently, on the basis of a complaint lodged by Respondent No.7, who at the relevant time was also a teacher in the aforesaid school. According to the Petitioners, the manner in which the complaint was entertained, the enquiry committee that was constituted and proceedings that were undertaken before the Committee leading to adverse orders against the Petitioners, demonstrated flagrant violation of principles of natural justice, indicating that the impugned orders deserve to be set aside.

(3.) It is pointed out by the learned Counsel for the parties that insofar as the Petitioner Nos.5 and 7 are concerned, the penalty imposed on them was withholding of three and five increments permanently respectively and on all the other petitioners the penalty imposed was withholding of two increments permanently.