A teacher's active association with a political party can be a ground for suspension if it is found to potentially hamper the educational atmosphere of the school.

P.B. MAJMUDAR, J.

Rule returnable forthwith. Heard finally with consent of learned Counsel for the parties.

2) By way of this petition, the petitioner has challenged the suspension order dated 23/11/2011, which is passed in contemplation of departmental enquiry, which is to be held against the petitioner. As per the suspension order, the Management has suspended the petitioner on the ground that the allegations levelled against the petitioner are required to be examined by holding departmental enquiry.

3) During the course of hearing, it is pointed out by Shri Parchure, learned Counsel for the petitioner, that the petitioner is suspended in view of the fact that he is associated with a political party and he is President of Local Unit of Bhartiya Janta Party. It is submitted that there is nothing in the Service Rules by which a Teacher can be prevented from actively associating with any political party. According to him, work of the petitioner as President of the local Unit of political party is not in conflict with his duties as a Teacher. It is contended that there are many Teachers, who are actively associated with politics and are Office Bearers of political parties and even in Maharashtra Legislative Assembly, there is a Constituency of Teachers.

4) Ms. Khan, learned Assistant Government Pleader for respondent no.1, submits that in this case, the Management of the Institution has not sought approval for issuing suspension order and, therefore, subsistence allowance is to be borne by the Management of the Institution. She, however, submits that as per Code of Conduct, a Teacher cannot be allowed to have affiliation with any political party.

5) Shri Jachak, learned Counsel for respondent nos. 2 and 3, states that a Teacher cannot be allowed to serve, if he is actively associated with a particular political party. It is submitted that conduct of the petitioner cannot be said to be befitting a Government servant or Teacher, if he is actively associated with a political party.

6) We have heard learned Counsel for the parties at length. It is not in dispute that petitioner is associated with political activities and he is a President of the political party at local level. Shri Parchure, learned Counsel for the petitioner, concedes this aspect during his argument. His limited grievance is that there is nothing in the Service Rules, which prevents Teacher from actively associating with politics. So far as facts of the present case are concerned, Management wants to hold departmental enquiry about certain allegations levelled against the petitioner in view of his political activities.

7) As pointed out earlier, the Management is going to pay subsistence allowance from its own funds and it is not going to recover the same from the State Government towards grants. Prima facie, it cannot be said that Management has no right to hold departmental enquiry against the petitioner on the allegations that he is actively associated with political party and it may hamper the educational activity in the School. At this stage, reference is required to be made to Clauses (a) and (c) of sub-rule (2) of Rule 22 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, which provide as under :

“(2) All teachers and employees shall observe the following code of Conduct namely :

(a) An employee shall treat all students without discrimination on political ground or for reasons of race, religion, caste, language or sex or any other reason of arbitrary or personal nature and shall refrain from instigating students against other students or other employees or School administration.

(c) An employee shall not make use of the resources and facilities of the institution or Management for his personal use or for commercial, political or religious purposes.”

Prima facie, we are of the opinion that a Government Servant or person in employment in an educational Institution is not required to have any political association or co