T.V. Nalawade, J.

1. (Oral) - Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The present proceeding is filed for quashing and setting aside the penalty imposed by respondent Nos. 3 and 4 of stopping one increment permanently of the petitioners. Both the sides heard.

3. The submissions made and record show that only on the basis of preliminary enquiry, after giving opportunity to have say, for the so called misconduct the aforesaid penalty is imposed by respondent Nos. 3 and 4. Learned Counsel for the petitioners submitted that as one increment is stopped permanently and it is not for the one year, that penalty is major penalty and the employer ought to have conducted Departmental Enquiry for imposing such penalty.

4. Learned Counsel for the respondents drew attention of this Court to Rule 31 and also Rule 29 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. Learned Counsel submitted that in Rule 31 there is classification of penalties and under minor penalties there is a class created of withholding of an increment for a period not exceeding one year. He submitted that though such classification