BASWESHWAR M MAMDAPURE Vs. PRIMARY EDUCATION BOARD

JUDGEMENT

(1.) HEARD the learned Counsel Shri Dalvi for the petitioners and learned A. G. P. Shri Shetye for the respondents.

(2.) BY this petition, the petitioners are challenging the constitutional validity of second proviso to Rule 34 (2) of Maharashtra Employees of Private Schools (Conditions of Services) Rules, 1981 which provides that when an employee is convicted by a competent Court and sentenced to imprisonment, the subsistence allowance shall be reduced to a nominal amount of rupee one per month with effect from the date of such conviction and he shall continue to draw the same till the date of his removal or reinstatement by the competent authority.

(3.) THE brief facts of the petition are that petitioner No. 1 was a Head Master in a school known as Santoshi Mata Primary School at Solapur. Petitioner No. 2 was a teacher working in the same school. It appears that both the petitioners had obtained blank resignation letters from various teachers and used them for the purpose of extortion. Ultimately, a criminal case was filed against both the petitioners for offences under section 384 read with section 34 of I. P. C. The said criminal case was registered as Regular Criminal Case No. 38 of 1989 before the Judicial Magistrate, First Class, Court No. 4 at Solapur. Ultimately, the said Judicial Magistrate convicted both the petitioners for the aforesaid offence under section 384 read with section 34 of I. P. C. and both were sentenced to undergo one years simple imprisonment for the same and also they were directed to pay a sum of Rs. 1,000/- each by way of fine or in default to undergo further simple imprisonment of 3 months.