DIGAMBAR GANPATAO SHINDHIKUMTE Vs. ARYA HINDU VIDYA MANDIR

JUDGEMENT

(1.) The short question for our decision in this Writ Petition is whether the order of suspension passed against the Petitioner is passed in accordance with the rules framed by the State Government under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (Act No. III of 1978), and it arises in the following manner.

(2.) Respondent No. 1 is a school which is conducted by the manage- ment consisting of the managing committee. Respondent No. 2 is the Secretary and Respondent No. 3 was formerly the Secretary, but his name is now deleted and in his stead Respondent No. 3-A is added, who is the present Secretary.

(3.) The Petitioner was appointed as a teacher and he joined on 1-7-1977 in the School, Respondent No. 1. On 14-7-1978, the Petitioner was appointed as the Head Master of the School. On 17-12-1981, the President of the Management passed an order directing the Petitioner to hand over full charge of the Head Mastership to Assistant Teacher Shrimati Sumanbai Kulkarni. This order was signed by the President and is produced as Exh. B in this writ petition. Subsequently, on 18-1-1982, the President of the society passed an order of suspension against the present Petitioner and this order runs as follows : Shri D. G. Shindhikumate, Headmaster, Arya Hindi Vidya Mandir, Nanded, is hereby suspended and until further orders with effect from forenoon today for behariour against rule. You will be given a separate charge sheet. By this order you are also instructed to hand over the charge of your office to Shrimati Sumanbai Kulkarni. In the suspension period you should sign the muster roll every day. You should (not ?) leave Headquarter without prior sanction of the society." This order is produced as Exh. D in this writ petition.