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1997 Supreme(Bom) 178

A.P.SHAH, B.H.MARLAPALLE
Dilip Venkatrao Patil – Appellant
Versus
State of Maharashra & others – Respondent


JUDGMENT - SHAH A.P., J.:---Rule. Respondents waive service. By consent, rule is made returnable forthwith.

2. By this petition under Article 226, the petitioner is challenging the order of suspension dated 26th August, 1996 passed by the Principal of Shivaji Mahavidyalaya (Arts, Science and Commerce), Parbhani.

3. Only few facts are required to be stated. The petitioner is working as a teacher in the junior college of Shivaji Mahavidyalaya (Arts, Science and Commerce), Parbhani. It seems that a criminal case is registered against the petitioner under sections 498A and 306 of Indian Penal Code. He was arrested by the police in connection with the said case and was subsequently released on bail. By the impugned order dated 26th August, 1996, the petitioner was put under suspension by the Principal of the college.

4. Mr. Patil, learned Counsel for the petitioner raises a three-fold submission before us. Firstly, he submits that under the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, an order of suspension is required to be passed by the management. The Principal of the college has no authority to pass the suspension order. Secondly, Mr.






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