Bombay High Court
Mahadev S/O. Atmaram Mantode vs State Of Maharashtra, Thr. Rural ... on 5 February, 2024
Author: M.S. Jawalkar
Bench: Avinash G. Gharote, M.S. Jawalkar
2024:BHC-NAG:1411-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.3483/2023
Mahadev s/o Atmaram Mantode,
Age- 55 years, occ. Service
R/o Milind Nagar, Near Santoshi Mata
Mandir, Ward No.17, Mehkar,
Dist. Buldhana
....PETITIONER
...VERSUS...
1. State of Maharashtra,
Through Rural Development Minister
Mantralaya, Mumbai
2. The Chief Executive Officer
Zilla Parishad, Buldhana
3. The Divisional Commissioner,
Commissioner Office, Amravati
4. The Education Officer, Zilla Parishad,
Buldhana
5. The Cadre Development Officer,
Panchayat Samiti, Sangrampur,
Dist. Buldhana
...RESPONDENTS
----------------------------------------------------------------------------------------------
Ms Sunita Kulkarni, Advocate for petitioner
Ms K.R. Deshpande, AGP for respondent Nos.1 and 3
Shri A.P. Sadavarte, Advocate for respondent Nos.2 and 4
----------------------------------------------------------------------------------------------
CORAM : AVINASH G. GHAROTE AND
SMT. M.S. JAWALKAR, JJ..
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DATE OF RESERVING THE JUDGMENT: 02/02/2024
DATE OF PRONOUNCING THE JUDGMENT:05/02/2024
JUDGMENT (PER SMT. M.S. JAWALKAR, J.)
Rule. Rule made returnable forthwith. Heard finally by
consent of respective parties.
2. The petitioner came to be appointed as primary
teacher at Panchayat Samiti, Sangrampur School by adopting due
process of appointment as per Rules and Regulations of the
Maharashtra Zilla Parishad Rules, 1967 (Service entry) in Zilla
Parishad School Dist. Buldhana on 30/06/1995. The Chief
Executive Officer (CEO), Zilla Parishad, Buldhana ordered for the
suspension of the petitioner for the alleged offence vide Crime
No.26/1997 for the offene punishable under Sections 307, 498-A,
34 of the Indian Penal Code dated 07/03/1997 at Tamgaon Police
Station. For the alleged offence the petitioner was arrested on
07/03/1997 to 11/03/1997 and as the duration of custody was
more than 48 hours the CEO, Zilla Parishad, Buldhana suspended
the petitioner vide order dated 14/05/1997 (page 19-A)
(Annexure-B).
3. The Group Education Officer, Panchayat Samiti,
Sangrampur wrote a letter to the Education Officer, Zilla Parishad,
Buldhana to enquire about the offence registered against the
petitioner. It appears that the Criminal trial held before the
Additional Sessions Judge, Khamgaon culminated into acquittal of
petitioner along with two others from the alleged charges vide
order dated 07/12/2007.
4. It is alleged that, the petitioner came to be reinstated as
Assistant Teacher, for Panchayat Samiti, Sangrampur after the
Departmental enquiry and acquittal by the District Court on
28/04/2003. The CEO, Zilla Parshad, Buldhana on 03/03/2004
ordered that the period of suspension from 07/03/1997 to
28/04/2003 should be considered as suspension period and
thereby deprived the petitioner from all the benefits during the
period of suspension which is arbitrary and bad in law. It is
alleged that the copy of this order was not supplied to the
petitioner even after many representations and request given by
the petitioner. In between, there was death of his father on
04/06/2015. The petitioner on 13/11/2015 made a representation
to treat period of suspension as service period and issue all the
monetary benefits which were deducted during the period of
suspension. He also moved an application to the Education
Officer, Zilla Parishad, Buldhana dated 15/12/2015 and to various
authority, such as, Cadre Development Officer, Panchayat Samiti,
Sangrampur. The second wife of the petitioner was suffering from
cancer and she succumbed to the disease and died on 03/06/2020.
He also moved an application thereafter, to the Commissioner.
5. The learned Counsel for the Zilla Parishad, Buldhana i.e.
respondent Nos.2 and 4 submitted that there was delay and
latches in filing petition. Though he was acquitted from the
criminal charges, there are two dying declarations of his wife.
6. It is also contention of the respondents that vide
order dated 03/03/2004, the CEO, Zilla Parishad, Buldhana has
imposed the punishment of treating the suspension period as
suspension period by exercising powers under Rule 4 of the
Maharashtra Zilla Parishad District Services (Discipline and
Appeal) Rules,1964 (herein referred as "said Rules"). While
passing the order, the CEO, Zilla Parishad, Buldhana relied on the
communication dated 05/07/1999 issued by the Block Education
Officer, Panchayat Samiti, Sangrampur. By this communication, it
was informed that the Block Education Officer was not aware
what exact action should be taken against delinquent. It was
informed that as the criminal proceedings are pending before the
Court, the delinquent be placed under suspension till the decision
of the Court. While reinstating, the CEO treated suspension period
as suspension period as a punishment. If Rule 4 of the said Rules is
perused, there is no punishment prescribed as to treat suspension
period as suspension period and not duty period.
7. As such, the contention of the respondents that by
way of punishment, the suspension period has been treated as
suspension period is against the provisions of law. The order
passed on 03/03/2004, is vague and can't be sustained in the eyes
of law. It is no where mentioned that charges leveled against the
petitioner in Departmental Enquiry were proved. He was
reinstated no other punishment appears to be inflected granting
while reinstatement except the suspension period was to be
treated as suspension period.
8. In absence of any reasoned order, even treating
suspension period as suspension period would not survive.
Moreover, such punishment is not prescribed under Rule 4 of the
said Rules. As such, the impugned communication dated
03/03/2004 is required to be quashed and set aside. Accordingly,
the following order is passed:-
ORDER
i) The writ petition is allowed in terms of prayer Clause (ii).
9. Rule is made absolute in above terms. No order as to
costs.
JUDGE JUDGE
R.S. Sahare
Signed by: Mrs. Ranjana Sahare
Designation: PA To Honourable Judge
Date: 05/02/2024 18:31:52
