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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