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2012 Supreme(Bom) 404

P.B.MAJMUDAR, PRASANNA B.VARALE
Shrikant s/o Subhash Pande – Appellant
Versus
Deputy Director of Education – Respondent


Advocates Appeared:
For the Petitioner:Anand Parchure, Advocate.
For the Respondents:R1, Ms. T. Khan, Assistant Government Pleader, R2 & R3, N.A. Jachak, Advocate.

Judgment

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













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