SHAILA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Mohgaohkar, learned counsel for the petitioner, Mr. Jichkar, learned A. G. P. , for respondents 1 and 4 and mr. Jiwane, learned counsel for respondents 2 and 3.

(2.) Rule. Rule made returnable forthwith by consent of parties.

(3.) The learned counsel for the petitioner states that the order of suspension dated 26-12-2003 passed by respondent no. 2 management automatically lapses after completion of 120 days, since as per Rule 37 (2) (f) of Maharashtra Employees of Private schools (Conditions of Service) Rules, 1981 the management has to complete the enquiry within a period of 120 days failing which the order of suspension lapses and the petitioner is entitled to be reinstated thereafter. It is further submitted that though the petitioner was suspended on 26-12-2003, till this date the enquiry is not completed and therefore the order of suspension cannot be sustained in view of the above referred facts. In order to susbstantiate the above referred contentions, the learned counsel for the petitioner placed reliance on the decision of this Court in Hamid khau Vs. Education Officer, Amravati, 2004 (4) Mh. L. J. 513.