1. Heard.

2. Rule. By consent, Rule is made returnable forthwith and is heard finally.

3. It is the contention that impugned order dated 20.11.2009 refusing to entertain appeal filed by the petitioner is erroneous. The punishment imposed upon the petitioner is of withholding two increments permanently denial of next time bound promotion and not to permit him to function as internal or external examiner. The Deputy Director of Education has informed the petitioner to approach School Tribunal in the matter. Under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (referred to as “1977 Act” hereinafter), the appeal to the School Tribunal is maintainable only against the removal, dismissal, otherwise termination super session and reduction.

4. Rule 29 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (referred to as “1981 Rules” hereinafter) framed under the 1977 Act contemplates an appeal to the Deputy Director within a period of 45 days from the receipt of order of punishment. In impugned order dated 20.11.2009 while refusing to entertain appeal reason seems to be only if the punishment