Bombay High Court
Kishan Piraji Sone vs The State Of Maharashtra And ... on 6 May, 2016
Bench: S.S. Shinde
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.11790 OF 2015
Parmeshwar s/o. Govind Gonare,
Age: 46 Years, Occu. Service,
Working as Extension Officer [Education],
R/o. Sant Dnyaneshwar Nagar,
Purna Road, Nanded. PETITIONER
VERSUS
1]
The State of Maharashtra,
Through Principal Secretary,
Rural Development Department,
Mantralaya, Mumbai-32.
2] Zilla Parishad, Nanded,
Through its: Chief Executive Officer.
3] Education Officer [Primary],
Zilla Parishad, Nanded
4] Block Education Officer,
Zilla Parishad, Nanded
[Resp.No.1 to be served
Through Learned Govt. Pleader,
High Court of Bombay at
Aurangabad] RESPONDENTS
WITH
WRIT PETITION NO.12410 OF 2015
Kishan s/o. Piraji Sone,
Age: 54 Years, Occu. Service,
Working as Block Education Officer,
in the Panchayat Samitee, Nanded,
R/o. Yash Nagari, Unit-2,
H.No.123, Pawadewadi, Nanded,
Tq. & Dist. Nanded. PETITIONER
::: Uploaded on - 06/05/2016 ::: Downloaded on - 07/05/2016 00:03:03 :::
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2
VERSUS
1] The State of Maharashtra,
Through: Secretary Education,
School Education Department,
Mantralaya, Mumbai-32.
2] Zilla Parishad, Nanded,
Through its: Chief Executive Officer.
3] Education Officer [Primary],
Zilla Parishad, Nanded
[Resp.No.1 to be served
Through Learned Govt. Pleader,
High Court of Bombay at
Aurangabad] RESPONDENTS
...
Mr.Suresh M. Kulkarni, Advocate for
Petitioners in both Petitions
Mr.S.B.Yawalkar & S.K.Tambe, AGPs for
Respondent - State
Mr.S.B.Talekar, Advocate for respondent Nos.2
and 3 in both Petition.
Mr.O.B.Boinwad, Advocate for Respondent No.4
in Writ Petition No.11790/2015.
...
CORAM: S.S.SHINDE &
SANGITRAO S.PATIL,JJ.
Reserved on : 28.04.2016
Pronounced on : 06.05.2016
JUDGMENT: [Per S.S.Shinde, J.]:
Heard.
2] Rule. Rule made returnable
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forthwith, and heard finally with the consent
of the parties.
3] In these Petitions, the petitioners
have prayed for quashment of order dated
30.11.2015 passed by respondent no.1 Deputy
Secretary, Rural Development Department,
ordering suspension of petitioners.
4] It is the case of the petitioner in
Writ Petition No.12410/2015 that the
petitioner is working in the Zilla Parishad,
Nanded, as a Block Education Officer. The
petitioner was directed by the Education
Officer, Zilla Parishad, Nanded to enquire
into the complaint against the office bearers
of Shri Sant Shiromani Manmath Swami Shikshan
Prasarak Mandal, Tehranagar, Nanded.
Therefore, the petitioner was directed by the
Education Officer [Primary] to cause enquiry
into such complaint.
5] It is the case of the petitioner in
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Writ Petition No.11790/2015 that he is
working in the Zilla Parishad Nanded w.e.f.
1999, presently he is promoted to the post of
Extension Officer [Education]. Presently, he
is attached to Panchayat Samiti, Nanded. It
is his responsibility to visit schools which
are receiving grant in aid through Zilla
Parishad, further inspect the strength of the
students, and the staff working therein. He
required to see the annual reports of
respective schools so as to know the
educational standard of the school and the
amenities provided to the students. This is
with a view to see that students are properly
taught and they are given requisite material.
These duties are carried out by the Extension
Officers under the orders of the Superior
Officers i.e. respondent nos.2 to 4. It is
further the case of the petitioner that
Jijamata Primary School is being run by Tehra
Nagar, Nanded, it receives 100% grant from
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the Education Officer, Zilla Parishad,
Nanded. It was realized while undertaking
the inspection of the school that there are
illegalities in the school as such reports
were periodically submitted by the petitioner
to the Deputy Director, Nanded / Latur and to
the Block Education Officer on 07.08.2013 and
18.02.2014 respectively. The petitioner has
placed on record copy of report dated 18th
February, 2014.
It is further the case of the
petitioner that the aforesaid report was
considered by respondent nos.2 to 4 and Block
Education Officer, respondent no.4 on
19.02.2014 had directed to file criminal
complaints / First Information Report against
the erring schools and its office bearers.
Respondent no.3 has asked Shri Soni, who was
working as Block Education Officer to file
complaint, Shri Soni, vide his order dated
20.02.2014 has asked the petitioner to file a
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complaint. The copy of the said letter is
placed on record by the petitioner.
6] It is further the case of the
petitioner that pursuant to the instructions
received from Shri Soni vide his order dated
20th February, 2014, the petitioner filed FIR
No.10/2014 on 21st February, 2014 against the
office bearers of Jijamata Primary School,
Nanded. Said office bearers also runs various
schools in the District of Nanded. The entire
matter was investigated by the IPS Officer,
Assistant Superintendent of Police, Nanded
Shri Pankaj Deshmukh and he was pleased to
file a charge sheet bearing No.56/2014 in the
Court of Chief Judicial Magistrate First
Class, Loha, District Nanded, for the offence
punishable under Section 409, 420, 467, 468
etc. The petitioner has placed on record
copy of the charge sheet.
7] It is further the case of the
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petitioner that there are serious allegations
of cheating and looting the Government,
therefore, even the Hon'ble Supreme Court
declined to grant anticipatory bail and one
of the officer bearers was required to
surrender before the Police. The office
bearers of Jijamata Primary School are
political heavy weights. They started filing
number of complaints against the petitioner
and respondent nos.2 to 4. The petitioner is
Class-III employee appointed by respondent
no.1, and the complaints, if any, against him
ought to have enquired at respondent no.1's
level. However, political interference can be
seen from the perusal of the contents of the
impugned letter. In the said letter, there
is reference to the order passed by the
Hon'ble Minister, and the complaint allegedly
filed by the office bearer of Jijamata
Primary School, Nanded. This letter is not
received by either the petitioners and
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presently petitioner is discharging his
duties as Extension Officer [Education] in
respondent no.2.
8] It is the specific case of the
petitioner that the petitioner filed a
complaint against a officer bearer of
Jijamata School, who has duped Government for
more than Rs.2 crores and by using political
influence, the petitioner who is Class-III
employee, is being pressurized and harassed.
Hence this Writ Petition.
9] The learned counsel appearing for
the petitioner submits that the Maharashtra
Zilla Parishad Discipline and Appeal Rules
and other Acts provide remedies for taking
penal actions against the staff of the Zilla
Parishad. However, instead of resorting to
these remedies Shri Dhonde who is a member of
political party, presently in Ruling alliance
with Government had filed a complaint on
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16.09.2015 and other complaints in the past
nudging the Hon'ble Minister of Rural
Development to pass an order of suspension.
He further submits that the impugned order
has been passed by the Chief Executive
Officer, upon receiving the direction by the
Minister of Rural Development, Government of
Maharashtra, Mantralaya, Mumbai. It is
submitted that the order impugned in the
Petition is outcome of political interference
and is not by the Competent Authority keeping
in view the relevant provisions, and not on
the basis of own application of mind by
respondent no.2. Therefore, he submits that,
the suspension without ordering any fresh
enquiry at the behest of Minister is bad in
law and could be termed as politically
motivated. The petitioner was never heard
and there is no adherence to the principles
of natural justice before the petitioner was
placed under suspension. The entire approach
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of Zilla Parishad could be viewed as
protecting interest of the office bearer of
the school who deceived the Government to the
tune of Rs.2 crores and 29 lacs. Therefore,
the learned counsel appearing for the
petitioner submits that, the Petition
deserves to be allowed.
10] In pursuance of the notices to the
respondents, respondent no.1 has filed
affidavit-in-reply. It is submitted that the
Deputy Secretary, Rural Development and Water
Conversation Department, vide its letter
dated 27th January, 2014, forwarded above said
application and asked Divisional
Commissioner, Aurangabad, to conduct an
enquiry and submit report to the Government.
The Divisional Commissioner, Aurangabad,
appointed Assistant Commissioner [Inspection]
for the said enquiry. Accordingly, enquiry
was conducted and enquiry report to that
effect was submitted to the Divisional
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Commissioner. The learned AGP submits that
the petitioner who is working as Extension
Officer [Education] has no authority to
inspect the Babaraoji Kendriya SC Residential
Primary and Secondary Ashram School, Shewadi
[Ba], Taluka Loha, District Nanded. The
petitioner has exceeded his jurisdiction.
All matters related to said school should
have been communicated to Social Welfare
Department, which is competent to take
action. The Officers have not followed the
procedure before filing the complaints in the
Police. The petitioner filed a complaint to
Anti Corruption Bureau against the office
bearer and employee of the school. It is
submitted that during enquiry it is revealed
that the petitioner has exceeded his
jurisdiction, and therefore, the State
Government has rightly directed to the Chief
Executive Officer, Zilla Parishad, Nanded
and the State Authority has rightly placed
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the petitioner under suspension.
11] The learned counsel appearing for
respondent nos. 2 and 3 made following
submissions:
12] The scope of judicial review /
interference with suspension order is quite
limited. The suspension order as it is
within the exclusive domain of Competent
Authority who is empowered to review and
revoke an order of suspension if satisfied
that continuance of suspension is no longer
required. Admittedly, the petitioner herein,
namely Shri Parmeshwar Govind Gonare is
placed under suspension on the basis of
report of preliminary enquiry conducted by
the Assistant Commissioner [Inspection],
Divisional Commissioner Office, Aurangabad.
The Assistant Commissioner [Inspection],
Divisional Commissioner Office, Aurangabad
had conducted a detailed enquiry and
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submitted a report through Divisional
Commissioner to the Deputy Secretary to
Government Rural Development and Water
Conservation Department, Maharashtra State,
Mumbai, vide Divisional Commissioner Office
letter dated 21.05.2014. The report of
preliminary enquiry conducted by the
Assistant Commissioner [Inspection],
Divisional Commissioner office, Aurangabad
reveals that the petitioner Shri Gonare, who
was working as Extension Officer [Education]
in Panchayat Samiti Nanded, had no authority
to inspect certain schools such as Babaraoji
Dhonde Kendriya SC Residential Primary and
Secondary Ashram School, Shewadi [Bazaar],
Loha, Nanded and Jijamata Primary School,
Tehra Nagar, Nanded.
13] Babaraoji Dhonde Kendriya SC
Residential Primary and Secondary Ashram
School, Shewadi [Bazaar], Loha, Nanded was
not under the control of the Education
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Department or for that matter Rural
Development and Water Conservation
Department. The Babaraoji Dhonde Kendriya SC
Residential Primary and Secondary Ashram
School, Shewadi [Bazaar], Loha, Nanded was in
fact under the control of Social Justice and
Special Assistance Department. Similarly,
the Jijamata Primary School, Tehra Nagar,
Nanded was run outside the jurisdiction of
Shri Gonare. Shri Gonare was working as an
Extension Officer [Education] of Balirampur,
CIDCO, Nanded beat whereas the Jijamata
Primary School was outside the Balirampur,
CIDCO, Nanded beat. The Jijamata Primary
School, Tehra Nagar, Nanded was under the
control of the Extension Officer [Education]
incharge of beat No.2. Shri Kishan Fole was
the Extension Officer [Education for beat No.
2, Nanded within whose jurisdiction the
Jijamata Primary School, Tehra Nagar, Nanded
is located.
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As such Shri Kishan Fole was the
Controlling Authority competent to inspect
the Jijamata Primary School, Tehra Nagar,
Nanded. The petitioner, Shri Gonare was
working as an Extension Officer [Education]
of Balirampur, CIDCO, Nanded beat, and thus
had no authority to inspect (i) Babaraoji
Dhonde Kendriya SC Residential Primary and
Secondary Ashram School, Shewadi [Bazaar],
Loha, Nanded, and (ii) Jijamata Primary
School, Tehra Nagar, Nanded. The petitioner,
Shri Gonare exceeded his jurisdiction so as
to inspect the schools which were not falling
under his jurisdiction, prepared false
reports and submitted reports of inspection
to the Block Inspection Officer, Shri
K.P.Sone. Both Gonare and Shri Sone were
acting in collusion so as to file complaint
to the Block Education Officer against office
bearers and employees of schools which did
not fall within their jurisdiction.
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Moreover, such inspection and complaints was
done without prior approval of the competent
authority i.e. the Chief Executive Officer,
Zilla Parishad, Nanded. The Government of
Maharashtra, more particularly in Rural
Development and Water Conservation Department
had received several complaints against Shri
Gonare and Shri Sone that they were
blackmailing several school authorities and
filing false cases of atrocities against the
superiors and many others, at times at the
behest of politicians. The Government of
Maharashtra, more particularly in Rural
Development and Water Conservation Department
had, therefore, directed enquiry through the
Assistant Commissioner [Inspection],
Divisional Commissioner office, Aurangabad.
14] The findings recorded in the report
of enquiry, more particularly, the
conclusions in paragraph no. 2, 3 and 4
disclosed that this was the modus operandi
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used by Shri Gonare and Shri Sone to file
false complaints against school authorities
and superiors so as to extort money. The
report of enquiry conducted by the Assistant
Commissioner [Inspection], Divisional
Commissioner Office, Aurangabad, finds place
at pages 39 to 45 of the Petition. The
Headmaster, Jijamata Primary School, Tehra
Nagar, Nanded had filed a complaint against
Shri. Gonare, who was then working as an
Extension Officer [Education] of Nanded Beat
No.2 on 22.12.2012. As a result, Shri Gonare
came to be transferred from Beat No.2 to
Balirampur, CIDCO, Nanded on the basis of
enquiry conducted by Shri K.P.Sone, vide
order dated 20.02.2013, which is placed on
record at page 220 of the Petition. Shri
Gonare threatened the Headmaster, Jijamata
Primary School, Tehra Nagar, Nanded on
05.12.2013. Shri Gonare filed a complaint on
21.02.2014 against the office bearers of
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Jijamata Primary School, Tehra Nagar, Nanded
and Babaraoji Dhonde Kendriya SC Residential
Primary and Secondary Ashram School, Shewadi
[Bazaar], Loha, Nanded, that is long after
his transfer to Balirampur Beat, CIDCO,
Nanded.
15]
The Block Education Officer
[Panchayat Samiti] Nanded, Shri Sone directed
Shri Gonare, who was working as Extension
Officer in Panchayat Samiti Nanded to lodge a
complaint against the office bearers of the
trust namely Sant Shiromani Manmad Swami
Shikshan Prasarak Mandal, Kewdi [Bazaar],
Taluka Loha, Nanded. Neither the Block
Education Officer [Panchayat Samiti] Nanded
Shri Sone had the power to authorize the
Extension Officer in Panchayat Samiti
Balirampur beat Nanded to file complaints,
nor did Shri Gonare, the Extension Officer in
Panchayat Samiti, Balirampur Beat Nanded by
himself have authority to lodge complaints at
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Sonkhed Panchayat Samiti regarding schools
outside his jurisdiction of Panchayat Samiti,
Nanded. The State of Maharashtra has filed an
affidavit at Page 200-205 along with
annexures. The report of enquiry conducted
by Enquiry Officer and Assistant Commissioner
[Inspection], Divisional Commissioner Office,
Aurangabad, although was submitted on
08.05.2014, the same was not acted upon due
to resistance offered by Shri Gonare, the
Extension Officer in Panchayat Samiti, Nanded
and Block Education Officer [Panchayat
Samiti], Nanded Shri Sone.
16] The Deputy Secretary to Government
in Rural Development and Water Conservation
Department directed to suspend both Shri
Gonare Extension Officer in Panchayat Samiti,
Nanded as well as Shri K.P.Sone, Block
Education Officer [Panchayat Samiti], Nanded
immediately and initiated departmental
enquiry against them vide order dated
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19.01.2015 and letter dated 30.09.2015, which
has been annexed at Page 46 of the paper
book. However, since nothing was done on the
basis of directions issued by the Deputy
Secretary, the Hon'ble Minister for Rural
Development and Water Conservation Department
was constrained to reiterate the directions
issued by the Deputy Secretary and call for a
compliance report till 05.12.2015. Both Shri
Gonare, Extension Officer [Education] in
Panchayat Samiti, Nanded as well as Shri
K.P.Sone, Block Education Officer, Panchayat
Samiti, Nanded became aware about the
directions issued by the State of Maharashtra
on 30.11.2015. Meanwhile, the Director of
Education, Maharashtra State, Pune directed
to place Shri K.P.Sone under suspension vide
order dated 16.12.2015. Similarly, the Chief
Executive Officer, Zilla Parishad, Nanded
placed Shri Gonare, Extension Officer in
Panchayat Samiti, Nanded under suspension
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pending departmental enquiry vide order dated
03.12.2015.
17] The Government has rightly directed
the suspension and holding of departmental
enquiry against both Shri Gonare, Extension
Officer in Panchayat Samiti, Nanded as well
as Shri K.P.Sone, Block Education Officer,
Panchayat Samiti, Nanded, vide order dated
20.11.2015. The power of suspension can be
exercised in the following contingencies: (a)
when departmental enquiry is initiated and /
or pending, (b) when departmental enquiry is
contemplated, and (c) when criminal
proceeding is pending. No fault can be found
with the suspension of either Shri Gonare,
Extension Officer [Education] in Panchayat
Samiti, Nanded or Shri K.P.Sone, Block
Education Officer, Panchayat Samiti, Nanded
since the same was based on the preliminary
enquiry conducted by the Assistant
Commissioner [Inspection], Divisional
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Commissioner office, Aurangabad. Enquiry was
directed against both Shri Gonare, Extension
Officer in Panchayat Samiti, Nanded as well
as Shri K.P.Sone Block Education Officer
[Panchayat Samiti], Nanded in the past,
however, the Enquiry Officers could not hold
departmental enquiries because of the hostile
attitude adopted by them. Meanwhile, the
Panchayat Samiti had decided to send Shri
K.P.Sone on compulsory leave so as to enable
holding of departmental enquiry against him
in its meeting held on 19.09.2015.
18] Babaraoji Dhonde Kendriya SC
Residential Primary and Secondary Ashram
School, Shewadi [Bazaar], Loha, Nanded run
under the scheme of the Central Government.
Moreover, the said Ashram School i.e.
Babaraoji Dhonde Kendriya SC Residential
Primary and Secondary Ashram School, Shewadi
[Bazaar], Loha, Nanded does not fall within
the jurisdiction of either school Education
11790.2015WP+.odt
Department or Rural Development and Water
Conservation Department. Accordingly, Shri
Sandeepkumar Sureshrao Sontakke filed
affidavit-in-reply on 09.12.2015. There was
no occasion for Shri Sone to file additional
affidavit in the aforesaid petition that too
through a private advocate i.e. an advocate
who is not on the panel of advocates of Zilla
Parishad. Shri Sone had filed affidavit to
lend support to the contentions of Shri
Gonare filed in his petition. Shri Sone did
not obtain prior permission of the Chief
Executive Officer, Zilla Parishad, Nanded
before filing an additional affidavit,
particularly when he had complete knowledge
that the Government had directed to place him
under suspension way back on 30.11.2015. As
a matter of fact, Shri K.P.Sone was placed
under suspension on 16.12.2015. Shri
K.P.Sone had no authority to file an
additional affidavit-in-reply especially
11790.2015WP+.odt
without prior approval of the Chief Executive
Officer, Zilla Parishad, Nanded. Secondly,
Shri K.P.Sone could not have filed an
additional affidavit-in-reply especially when
he was already placed under suspension.
Thirdly, he had no authority to engage a
private advocate i.e. advocate who is not on
the panel of advocates of Zilla Parishad,
Nanded, and lastly, Shri K.P.Sone could not
have justified the illegal action of Shri
Gonale.
19] It is clear that Shri K.P.Sone has
filed an additional affidavit-in-reply only
with a view to creating confusion and thereby
prejudicing this Court. The Chief Executive
Officer, Zilla Parishad, Nanded was,
therefore, required to issue a show-cause
notice to Block Education Officer, Shri
K.P.Sone, [under suspension] on 17.12.2015
for having filed an additional affidavit-in-
reply without seeking his permission, the
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same is annexed at page 221 of the paper
book. The Government of Maharashtra after
examining the report of preliminary enquiry
conducted by the Assistant Commissioner
[Inspection], Divisional Commissioner office,
Aurangabad, had found a prima facie case for
initiating a Departmental Enquiry against
both and at the same time to place them under
suspension. Accordingly, the Deputy Secretary
to Government Rural Development and Water
Conservation Department directed the Chief
Executive Officer, Zilla Parishad, Nanded to
initiate departmental enquiry and place both
Shri K.P.Sone and Shri Gonare under
suspension vide order dated 30.11.2015. No
fault can be found with the enquiry conducted
by the Assistant Commissioner [Inspection],
Divisional Commissioner office, Aurangabad.
The State of Maharashtra, the Chief Executive
Officer, Zilla Parishad, Nanded, the
Education Officer [Primary], Zilla Parishad,
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Nanded and the Block Education Officer
Panchayat Samiti, Nanded, have fully
supported the impugned order of suspension.
There is no need to interfere in the impugned
order of suspension. There is no substance
in the petition and it is liable to be
dismissed, therefore, the same be dismissed
with costs.
20] We have considered the submissions
of the learned counsel appearing for the
respective parties. With their able
assistance, perused the pleadings in the
Petition, annexures thereto, replies filed by
the respondents, and the written notes of
argument tendered across the bar by the
learned counsel appearing for the petitioners
and the learned counsel appearing for
respondent nos. 2 and 3. At the outset it
would be apt to reproduce hereinbelow the
letter written by the Deputy Secretary, Rural
Development and Water Conservation
11790.2015WP+.odt
Department, Government of Maharashtra, dated
30th November, 2015 to the Chief Executive
Officer, Zilla Parishad, Nanded:
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The true translation of the letter
dated 30.11.2015 done by the office
translator reads thus:
GOVERNMENT OF MAHARASHTRA
No.DEN-2813/C.No.238/Estt.12
Rural Development and Water Conservation
Department, Bandhkam Bhavan
25 MarzbanPath, Fort, Mantralaya,
Mumbai - 400 001.
Dated : 30th November, 2015.
To,
The Chief Executive Officer,
Zilla Parishad, Nanded.
Sub :- Complaint application regarding initiation
of Departmental Enquiry. Prof. Manohar
Dhonde.
11790.2015WP+.odt
Ref :- Govt's even letter Nos. dated 19/01/2015 and
dated 30/09/2015.
With reference to the above subject and letter
under reference and report received from the office of
the Divisional Commissioner, Aurangabad in respect
of the illegal deeds of Shri.Gonare, Education
Extension Officer and Shri.Sone Block Education
Officer, Nanded have been noticed. Therefore,
necessary directions to initiate immediate enquiry
against them as well as initiation of disciplinary
action against the employee / officer for causing
delay in the matter have been given. As per Govt.
letter dated 30-09-2015 necessary directions were
given to submit report in this behalf. However, said
report is yet to be received by the government.
In this regard, as per the order of Honourable
Minister (Rural Development) you are hereby
informed that Shri.Gonare, Education Extension
Officer and Shri.Sone, Block Education Officer,
Nanded should be suspended immediately and
disciplinary action shall be initiated against them.
Similarly a report in this behalf should be submitted
so that it will be received by the government before
05/12/2015.
Sd/-
( P.S.Kamble )
Deputy Secretary to the Govt.
Copy Forwarded to the Divisional Commissioner,
Aurangabad for information and necessary action.
11790.2015WP+.odt
From the above-mentioned letter
addressed by the Deputy Secretary, Rural
Development and Water Conservation
Department, Government of Maharashtra to the
Chief Executive Officer, Zilla Parishad,
Nanded, it is abundantly clear that the
directions are given to the Chief Executive
Officer on the instructions of the Hon'ble
Minister [Rural Development], Government of
Maharashtra that Shri Gonare Education
Extension Officer and Shri Sone Block
Education Officer, Nanded should be placed
under suspension and disciplinary proceedings
should be initiated against them and to that
effect report should be submitted to the
Government by 5th December, 2015. Rule 3 of
the Maharashtra Zilla Parishads District
Services [Discipline and Appeal] Rules, 1964,
[for short 'the Rules, 1964'], reads thus:
11790.2015WP+.odt
3. Suspension.-
The Appointing Authority or any
other Officer of the Zilla Parishad
to whom such Appointing Authority is
subordinate or any other officer of
the Zilla Parishad empowered by the
Chief Executive Officer in that
behalf may place a Parishad servant
under suspension, -
(a) where a disciplinary proceeding
against him is contemplated or is
pending, or
(b) where a case against him in
respect of any criminal offence is
under investigation or trial:
Provided that, where the order
of suspension are made by an
authority lower in rank than the
Appointing Authority, such authority
shall forthwith report to the
Appointing Authority the
circumstances in which the order was
made.
(2) .....
(3) .....
11790.2015WP+.odt
(4) .....
(5) An order of suspension made or
deemed to have been made under this
rule may, at any time, be revoked by
the authority which made or is
deemed to have made the order or by
any authority to which that
authority is subordinate.
21]
Neither the Minister is an
Appointing Authority, nor he is superior
Officer working in the concerned Zilla
Parishad, who is superior to the Appointing
Authority of Shri Gonare and Shri Sone. Rule
2 (d) of the said Rules, 1964, which defines
'Appointing Authority', reads thus:
(d) "Appointing Authority" in
relation to a Parishad servant
means -
(i) the authority empowered to
make appointment to a post or cadre
in the District Service of which the
Parishad servant is for the time
being a member or to any grade of
11790.2015WP+.odt
the District Service in which the
Parishad servant is for the time
being included, or
(ii) The authority which
appointed the Parishad servant to
such service grade or post, as the
case may be, or
ig (iii) Where the Parishad
servant having been a permanent
member of any other District Service
or having substantively held any
other permanent post under a
District service has been in
continuous employment of the Zilla
Parishad the authority which
appointed him to that District
Service or to any grade, in that
District or to that post.
Whichever authority is the highest
authority;
22] Upon perusal of the definition of
the Appointing Authority in the said Rules,
it is abundantly clear that the Minister,
11790.2015WP+.odt
Rural Development, is not an Appointing
Authority of the aforesaid two employees. He
is not an Officer of Zilla Parishad to whom
appointing authority of the afore-mentioned
employees is subordinate to the said
Minister.
23]
In that view of the matter, in our
considered opinion, the directions contained
in the letter are contrary to the said Rules,
1964. Therefore, the communication contained
in the impugned order dated 30.11.2015
deserves to be quashed and set aside, and the
same is accordingly quashed and set side.
24] Rule made absolute on the above
terms. The Petition stands disposed of
accordingly. No costs.
[SANGITRAO S.PATIL] [S.S.SHINDE]
JUDGE JUDGE
DDC
