Bombay HC bars deputy director of education from duty

PUNE:The Bombay high court (HC) has restrained deputy director of education Ganpat More from discharging his duties and directed the Maharashtra government to appoint another officer in his place, observing that Ganpat More misconstrued the high court’s directions in an inquiry into the alleged mismanagement of a school

PUNE:

Bombay HC bars deputy director of education from duty

The Bombay high court (HC) has restrained deputy director of education Ganpat More from discharging his duties and directed the Maharashtra government to appoint another officer in his place, observing that Ganpat More misconstrued the high court’s directions in an inquiry into the alleged mismanagement of a school.

A division bench of justice G S Kulkarni and justice Neela Gokhale, hearing a petition about non-payment of salaries to school employees, on September 16 noted that Ganpat More had issued notice to the parties for a hearing instead of carrying out an inquiry into the alleged mismanagement as directed by the court.

The petition was filed by school employees seeking payment of unpaid salaries, arrears and consequential benefits in accordance with the pay scale prescribed under rule 7 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981; and the recommendations of the seventh pay commission. The school employees also sought 12% annual interest from the date/s of their respective appointments. Earlier, the court had directed the school authorities to pay the salaries. However, the order was subsequently recalled after the authorities said it had been passed in their absence. In its September 8 order, the court observed that its August 25 order required the deputy director to examine the affairs of the institution and identify deficiencies or instances of mismanagement.

“The duty of the deputy director of education was to undertake an inquiry into the affairs of the institution, identify the deficiencies or issues of mismanagement, and address the same after issuing notice to the concerned parties,” the court stated.

The bench noted that Ganpat More had issued a notice dated September 4 to the parties, which did not indicate that an inquiry was being carried out into the alleged mismanagement.

“We find that the said notice does not refer to any inquiry into the alleged mismanagement; rather, it proceeds simpliciter on the premise that the deputy director simplicitor is required to have a hearing,” the court observed.

The bench also referred to its order in another case, Mrs Premlata Suresh Gore versus state of Maharashtra and others, and noted that Ganpat More had already been restrained from discharging his duties as deputy director of education in that matter.

“We have restrained Ganpat More, deputy director of education, from discharging his duties in the said post, with a direction to the state government to appoint any other appropriate officer to discharge such functions,” the court said.

The court termed the present matter as “yet another instance” of Ganpat More misconstruing its directions, noting that despite the August 25 order, he had issued the September 4 notice merely for a hearing.

Meanwhile, the state informed the court that an administrator has already been appointed for the institution. The bench directed that the administrator be impleaded as a respondent and file a reply affidavit before the next hearing.

The court also restrained the administrator from incurring expenditure from grants received from the state government, except for essential expenditure, until the next hearing. The bench directed that the order be circulated to all deputy directors and directors of the Zilla Parishad.