Case Note & Summary
The petitioner, an Assistant Teacher in a private school, challenged a penalty order imposed by the Head Master that withheld his annual increment -- The penalty was imposed under Rule 30 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 without any resolution from the School Management -- The petitioner argued that the Head Master lacked authority to pass such an order, as only the Management has this power under the M.E.P.S. Act 1977 and 1981 Rules -- The School Management supported the petitioner's contention in its affidavit to the appellate authority -- The High Court held that the Head Master does not have the power to impose penalties independently and quashed the impugned order -- The Court directed the release of the withheld increment and consequential benefits to the petitioner
Headnote
The High Court of Judicature at Bombay Circuit Bench at Kolhapur heard a Writ Petition challenging a penalty order imposed by a Head Master on an Assistant Teacher -- The petitioner, sought quashing of the order dated 29.5.2020 passed by Respondent No. 6, the Head Master, which imposed a minor penalty of stoppage of annual increment under Rule 30 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 -- The Court considered the interpretation of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 (M.E.P.S. Act 1977) and the Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 -- It was held that the authority to impose penalties under the 1981 Rules rests only with the School Management, and the Head Master lacks power to pass such orders without a resolution from the Management -- The impugned order was quashed and set aside, with directions to release the withheld increment and consequential benefits -- The judgment emphasizes procedural compliance under Rule 32 of the 1981 Rules for imposing penalties
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Issue of Consideration: Whether Head Master of a private school has power to pass a penalty order on a School employee, under the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 and Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981, in the absence of any resolution/decision of the School Management?
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Final Decision
The High Court quashed and set aside the impugned order dated 29.5.2020 passed by the Head Master, and directed the release of the withheld annual increment payable in July 2020 with all consequential benefits to the petitioner
