Anita Papaiya Golkonda vs The State Of Maharashtra And ...
2021 Latest Caselaw 4319 Bom

                                     1                   1004-WP-7155-2020

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                        WRIT PETITION NO. 7155 OF 2020
                                     WITH
                      CIVIL APPLICATION NO. 7251 OF 2020


Anita D/o Papaiya Golkonda                                 ...Petitioner

         Versus

The State of Maharashtra and others                        ...Respondents


Mr P.V. Mandlik, Senior Counsel i/by
Mr P.M. Gaikwad, Advocate for Petitioner
Mr S.R. Yadav (Lonikar), AGP for Respondent Nos. 1 to 4
Mr M.M. Parghane, Advocate for Respondent Nos. 5 and 6


                                CORAM : S.V. GANGAPURWALA AND
                                        SHRIKANT D. KULKARNI, JJ.

                                 DATE     : 9th MARCH, 2021

 PER COURT :

1. The petitioner seeks leave to place reliance on the Judgment of

this Court to contend that as per the Maharashtra Employees of Private

Schools (Conditions of Service) Rules (MEPS), the enquiry cannot be

conducted after retirement.

2. The petitioner is assailing the notice issued to him for enquiry.

3. For a minor penalty, the MEPS Rule does not contemplate

enquiry as is required for inflecting major penalty. The recovery from pay

or such other amount for any pecuniary loss is classified as minor penalty

under Rule 31 of the MEPS Rules for which the long term enquiry as

contemplated under Rule 33 is not necessitated.

2 1004-WP-7155-2020

4. The learned counsel for the respondent - institution seeks time

to take instructions.

5. Stand over to 23rd March, 2021.

6. Interim order passed earlier to continue till then.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ]

mta