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NITIN JAMDAR, M. M. SATHAYE
Vishnu Mahadeo Sarawale – Appellant
Versus
State of Maharashtra, Through the Secretary, School Education Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Narendra V. Bandiwadekar, Senior Advocate with Mr. Vinayak Kumbhar, Mr. Rajendra Khaire and Mr. Aniket S. Phapale i/b. Ms. Ashwini Bandiwadekar
For the Respondent: Mr. S.C. Naidu, Mr. Siddhesh B. Kalel, AGP

JUDGMENT :

Nitin Jamdar, J.

Rule. Rule made returnable forthwith. Taken up for disposal.

2. The Petitioner, working as a head of the school of the Respondent – Management, is placed under suspension. He has challenged the order of suspension and has sought a direction to permit him to resume the duties.

3. The Petitioner joined the services of Respondent No.1 – Management in the year 1991 as an Assistant Teacher in the Respondent No.5 – school. A Resolution was passed by the Respondent No.4 – Management in the year 2021 to permit the Petitioner to be a signing authority for the post of headmaster after the death of the earlier head of the school. Thereafter, the Petitioner came to be promoted as head of the school on a regular basis on 11 June 2021.

4. Dispute arose between the Petitioner and the Respondent – Management. On 19 August 2022 the Respondent – Management approached the Respondent No.3 – Education Inspector to grant permission to place the Petitioner under suspension. The permission was refused by the Education Inspector by a communication dated 6 September 2022. Thereafter, on 11 November 2022, a statement of allegations of misconduct were issued to the Petitioner and that t

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