VATSALA S. ANEY Vs. NATIONAL EDUCATION SOCIETY

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution the petitioner who is serving as headmistress of Shri Arjun Khimji National High School and Junior College at Khamgaon, run by the National Education Society (respondent No. 1) challenges the constitution of the Committee set up to enquire into the charges framed against her and the order suspending her, as contravening certain provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as 'the Act' and 'the Rules' respectively).

(2.) IN order to appreciate the rival contentions of the parties it will be convenient at this stage to set out the relevant provisions of law. The Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, which has been placed on statute book for regulating recruitment and conditions of service of employees of ail private schools in this State, except certain employees of minority schools, whether receiving any grant -in -aid from the State Government or not, has been brought into force with effect from July 15, 1981. Sub -section (1) of Section 4 of the Act empowers the State Government to make rules providing amongst others for conditions of service of such employees. In particular Sub -section (6) of Section 4 provides that no employee of a private school shall be suspended, dismissed or removed or his service shall not be otherwise terminated or he shall not be reduced in rank by the management, except in accordance with the provisions of the Act and the rules made in that behalf. Clauses (e) and (f) of Sub -section (2) of Section 16 of the Act empowers the State Government to make rules regarding the duties of such employees. Code of Conduct, disciplinary matters and the manner of conducting enquiries.

(3.) IT may be mentioned here that Sub -rule (5) deals with suspension due to detention in custody pending criminal trial, preventive detention or imprisonment. Rule 34 deals with the various aspects of subsistence allowance, while Rule 35 lays down the conditions of suspension. It is in the following terms: 35. Conditions of suspension: (1) In cases where the Management desires to suspend an employee, he shall be suspended only with the prior approval of the appropriate authority mentioned in rule 33. (2) The period of suspension shall not exceed four months except with the prior permission of such appropriate authority. (3) In cases where the employee is suspended with prior approval, he shall be paid subsistence allowance under the Scheme of payment through Cooperative Banks for a period of four months only and thereafter, the payment shall be made by the Management concerned. (4) In case where the employee is suspended by the Management without obtaining prior approval of the appropriate authority as aforesaid, the payment of subsistance allowance even during the first four months of suspension and for further period thereafter till the completion of enquiry shall be made by the Management itself. (5) The subsistence allowance shall not be withheld except in cases of breach of provisions of sub -rules(3) or (4) or Rule 33.