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2022 Supreme(Bom) 1029

RAVINDRA V.GHUGE, ARUN R.PEDNEKER
Rahuri Education Society Rahuri, Tq. Rahuri, Dist. Ahmednagar Through its Secretary Shri. Manoj s/o. Ashok Bihani – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vinayak Sudhakar Bedre, AGP
For the Respondent:Mr. S. K. Tambe Advocate, Mr. P. R. Nangare

JUDGMENT :

Ravindra V. Ghuge, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The Petitioner Management has put-forth prayer clauses ‘B’ and ‘C’, as under:-

    “B) By issuing appropriate writ in the nature of direction and order, to quash and set-aside the order passed by the respondent No.2 by its letter dated 11.07.2018 (Exhibit-G) in the interest of justice.

(C) Pending hearing and final disposal of this Writ Petition, the execution and operation of the order passed by the respondent No.2 by its order/letter dated 11.07.2018 (Exhibit-G) may kindly be stayed in the interest of justice.”

3. Respondent No.3, the original appellant before the School Tribunal, was the Headmaster of the school. It was alleged that he indulged in serious misconducts. The prior permission of the Education Officer was obtained on 18.03.2015, in order to place him under suspension. Accordingly, the appellant was suspended on 25.04.2015. He challenged the Departmental Enquiry as well as the order of suspension, in Writ Petition Nos.4049 of 2015 and 6106 of 2015. The first Petition was dismissed. The second Petition i.e. Writ Petition No.6106 of 2015, challenging the o

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