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Bombay High Court

SIDDHESHWAR GANPAT INGOLEversusTHE EDUCATION OFFICER SECONDARY, ZILLA PARISHAD, SOLAPUR AND ORS

Disposal
Disposed Off

Holding

The Court did not quash the departmental proceedings but stayed the operation of any adverse order for two weeks to enable the petitioner to approach the tribunal.

Summary

The petitioner, Siddheshwar Ganpat Ingole, a former Assistant Teacher appointed in 2001 and serving as Headmaster since 2006, challenged departmental proceedings initiated by the Education Officer (Respondent No.4) alleging they were mala iede and aimed at terminating his service amid an internal trust dispute. He sought a writ to quash the enquiry. The Court examined the petition but declined to interfere with the merits of the departmental enquiry, holding that it would not quash the proceedings on the ground of mala iede. However, the Court granted a temporary stay, directing that any adverse order arising from the enquiry not be implemented for two weeks to allow the petitioner to approach the appropriate tribunal. The petition was disposed of with the stay order.

Issues considered

  • Whether the departmental proceedings against the petitioner can be quashed on the ground of mala iede.
  • Whether the Court can stay the operation of any adverse order pending the petitioner's approach to a tribunal.

Subjects

  • departmental enquiry
  • writ petition
  • stay of execution
  • mala iede
  • service law
  • education sector
  • tribunal

Judgment

                                                           41-WP-4515-2026.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                       CIVIL APPELLATE JURISDICTION
                      WRIT PETITION NO. 4515 OF 2026
Siddheshwar Ganpat Ingole          ...Petitioner.
         Versus
The Education Oicer Secondary,
Zilla Parishad, Solapur and Others ...Respondents.
                              ——————
Mr. I. M. Khairdi for the Petitioner.
Mr. N. C. Walimbe, Additional Government Pleader for the Respondents-State.
                                 ——————
                                   Coram :    Sharmila U. Deshmukh &
                                              Neeraj P. Dhote, JJ.
                                   Date     : September 17, 2026.
P. C. :

1.        By the present petition, the Petitioner seeks the relief of

quashing the departmental proceedings initiated by Respondent No.4

against the Petitioner.

2.        The learned counsel appearing for the Petitioner submits that the

Petitioner was appointed as an ‘Assistant Teacher’ in the year 2001 and

has been functioning as a Headmaster since the year 2006. He submits

that due to inter se dispute between the rival sections of the trust, the

Petitioner is being targeted and recently show-cause notices and

statement of allegations are being issued to the Petitioner, only with

the purpose of terminating the services of the Petitioner. He submits

that as the proceedings are mala ide, the same are required to be

quashed.


Gaikwad RD                         1 of 2
                                                                                41-WP-4515-2026.doc


                        3.      The relief as sought in the present petition is to quash and set

                        aside the departmental proceedings. Considering that the departmental

                        enquiry has been initiated, this Court is not inclined to quash the

                        departmental proceedings by going into the issue of mala ides.

                        However, as the Petitioner is working as Headmaster since the year

                        2006, in event, any adverse order is passed against the Petitioner in the

                        departmental enquiry, the same not be implemented for a period of

                        two weeks from the date of the order, in order to enable the Petitioner

                        to approach the Tribunal.

                        4.      The Petition is disposed of in above terms.



                         [Neeraj P. Dhote, J.]                       [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.09.21
           13:51:35
           +0530




                        Gaikwad RD                        2 of 2


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