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2012 DIGILAW 402 (BOM)

Shrikant s/o Subhash Pande v. Deputy Director of Education

2012-02-23

P.B.MAJMUDAR, PRASANNA B.VARALE

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Judgment : (P.B. MAJMUDAR, J.) Rule returnable forthwith. Heard finally with consent of learned Counsel for the parties. 2. By way of this petition, the petitioner has challenged the suspension order dated 23/11/2011, which is passed in contemplation of departmental enquiry, which is to be held against the petitioner. As per the suspension order, the Management has suspended the petitioner on the ground that the allegations levelled against the petitioner are required to be examined by holding departmental enquiry. 3. During the course of hearing, it is pointed out by Shri Parchure, learned Counsel for the petitioner, that the petitioner is suspended in view of the fact that he is associated with a political party and he is President of Local Unit of Bhartiya Janta Party. It is submitted that there is nothing in the Service Rules by which a Teacher can be prevented from actively associating with any political party. According to him, work of the petitioner as President of the local Unit of political party is not in conflict with his duties as a Teacher. It is contended that there are many Teachers, who are actively associated with politics and are Office Bearers of political parties and even in Maharashtra Legislative Assembly, there is a Constituency of Teachers. 4. Ms. Khan, learned Assistant Government Pleader for respondent no.1, submits that in this case, the Management of the Institution has not sought approval for issuing suspension order and, therefore, subsistence allowance is to be borne by the Management of the Institution. She, however, submits that as per Code of Conduct, a Teacher cannot be allowed to have affiliation with any political party. 5. Shri Jachak, learned Counsel for respondent nos. 2 and 3, states that a Teacher cannot be allowed to serve, if he is actively associated with a particular political party. It is submitted that conduct of the petitioner cannot be said to be befitting a Government servant or Teacher, if he is actively associated with a political party. 6. We have heard learned Counsel for the parties at length. It is not in dispute that petitioner is associated with political activities and he is a President of the political party at local level. Shri Parchure, learned Counsel for the petitioner, concedes this aspect during his argument. His limited grievance is that there is nothing in the Service Rules, which prevents Teacher from actively associating with politics. It is not in dispute that petitioner is associated with political activities and he is a President of the political party at local level. Shri Parchure, learned Counsel for the petitioner, concedes this aspect during his argument. His limited grievance is that there is nothing in the Service Rules, which prevents Teacher from actively associating with politics. So far as facts of the present case are concerned, Management wants to hold departmental enquiry about certain allegations levelled against the petitioner in view of his political activities. 7. As pointed out earlier, the Management is going to pay subsistence allowance from its own funds and it is not going to recover the same from the State Government towards grants. Prima facie, it cannot be said that Management has no right to hold departmental enquiry against the petitioner on the allegations that he is actively associated with political party and it may hamper the educational activity in the School. At this stage, reference is required to be made to Clauses (a) and (c) of sub-rule (2) of Rule 22 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, which provide as under : “(2) All teachers and employees shall observe the following code of Conduct namely : (a) An employee shall treat all students without discrimination on political ground or for reasons of race, religion, caste, language or sex or any other reason of arbitrary or personal nature and shall refrain from instigating students against other students or other employees or School administration. (c) An employee shall not make use of the resources and facilities of the institution or Management for his personal use or for commercial, political or religious purposes.” Prima facie, we are of the opinion that a Government Servant or person in employment in an educational Institution is not required to have any political association or connection till he is in such service. The provisions, which we have incorporated above, are required to be considered from the aforesaid angle. If an employee is actively associated with any political Organization, he may bring influence of his political ideas while imparting education, which cannot be ruled out totally. If a Government Servant while in service is actively associated with any political Organization, one can say that his conduct is not befitting of a Government servant. If an employee is actively associated with any political Organization, he may bring influence of his political ideas while imparting education, which cannot be ruled out totally. If a Government Servant while in service is actively associated with any political Organization, one can say that his conduct is not befitting of a Government servant. So far as the post of Teacher is concerned, a Teacher's role is to impart education to the students in an impartial manner. In a given case, there may be an apprehension that if a Teacher is actively associated with any political party, it may hamper the educational atmosphere of a School. Simply because Teacher is not charging any remuneration for his political activities, it cannot be treated as a ground by which such parallel political activities can be said to be permitted. In any case, this is not a case wherein suspension order passed by the Management on the ground that the petitioner is actively associated with political Organization can be struck down by holding that petitioner is free to continue his political activities along with his teaching job in the Institution. So far as education is concerned, it should be kept away from politics and educational field should not be allowed to be polluted in any manner by bringing politics. There are some Institutions, which are required to be kept away from politics and academic Institution is one of such Institutions. 8. The learned Counsel for the Management states that the Management will complete the enquiry within 120 days, which is a stipulated time. Considering the aforesaid facts, the suspension order is not required to be interfered with at this stage at our end. 9. Subject to what is stated above, the petition is dismissed. Rule is discharged. No order as to costs. 10. At this stage, Shri Parchure, learned Counsel for the petitioner, states that ad interim relief granted earlier by this Court may be continued for a reasonable time in order to enable the petitioner to approach Apex Court. The ad interim relief granted earlier is continued for three weeks from today.