VASANT HARIBHAU UGALE Vs. STATE OFMAHARASHTRA

JUDGEMENT

(1.) HEARD Shri. Khapre, the learned counsel for the Petitioner, Shri. Khubalkar, the learned A. G. P. for the respondents no. 1 and 2, and Shri. Deshpande, the learned counsel for the respondents no. 3 and 4.

(2.) RULE. By consent Rule is made returnable forthwith.

(3.) IT is undisputed that the petitioner is a permanent employee working as Laboratory Assistant in the employment of the respondent no. 3. The petitioner is working as Laboratory Assistant in respondent no. 4 school, which is managed and administered by the respondent no. 3. The petitioner came to be arrested in connection with the offences punishable under sections 147, 148, 142, 452, 322 read with 34 of Indian Penal Code. The victim, who was allegedly assaulted by the petitioner, and one more person, died within a few days, and the offence punishable under section 302 of Indian Penal Code, was also registered, against the petitioner. The petitioner was. detained in custody from 29-1-2002 to 3-2-2002 i. e. for a period of five days. He came to be released from the detention on 3-2-2002. The Principal of the school issued a letter placing the petitioner under suspension with effect from 12-2-2002 onwards. The said order of suspension was issued, as a result of the petitioner's detention in custody for period more than 48 hours. That at subsequent point of time i. e. on 24-4-2002 the School Management moved the Education Officer seeking approval for suspension of the petitioner. Before the Education Officer could grant approval, the said proposal was withdrawn and the suspension came to be revoked by the management with effect from 19-6-2002. The petitioner was allowed to resume his duties as and from 21-6-2002. Since then the petitioner continues to work as Laboratory Assistant. The grievance that is made by the petitioner is that under Rule 33 (5) of the Maharashtra Employees of Private Schools (Conditions of service) Rules (for short M. E. P. S. Rules) deeming suspension, consequent upon the detention of a person in custody for more than 48 hours is limited to the period for which, the person is detained in police or judicial custody.