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Suspension of Assistant Teacher – Motor accident offences – Illegal – Such offences do not involve moral turpitude – Statute 433-A(3)(A)(i) of Savitribai Phule Pune University

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The petitioner Associate Professor is working with the respondent no.1 Institution.

On 17.11.2022, the vehicle of the petitioner had collusion with the complainant’s vehicle in the road accident in Nashik.   FIR was registered for offences under Sections 279, 308, 337, 338 of the IPC and 132, 179, 134(4), 134(B), 187, 184 and 185 of the MV Act, 1988.

By the order dated 28.11.2022, the petitioner was placed under suspension since he was in judicial custody exceeding 48 hours for the above offences.  Moreover, he was not paid subsistence allowance and other amounts during the period of suspension.

Clause (i) of Statute 433-A(3)(A) provides for suspension if the teacher is alleged to be guilty of an offence of a criminal nature involving moral turpitude, the Competent Authority shall first decide whether the person concerned should be placed under suspension.

HELD that the respondent nos.1 to 3 were illegal to hold that the petitioner was involved in a motor accident involving moral turpitude. Suspension was quashed.

Judgment dated 3.11.2023 in W.P.No.9259 of 2023 of Dr. S.D.Nikam Vs. Gokhale Education Society and others

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