Badlapur case: Bombay High Court asks Maharashtra government why it suspended education officer

The petitioner said he is being made “a scapegoat”. “The government wanted to hold someone and just to save its face (issued the suspension order),” the education officer told the High Court

Published - August 30, 2024 10:51 pm IST - MUMBAI 

A Division Bench of Justice A.S. Chandurkar and Justice Rajesh Patil directed the State government to respond to the petition and file an affidavit by September 6 when the court will hear the matter. File

A Division Bench of Justice A.S. Chandurkar and Justice Rajesh Patil directed the State government to respond to the petition and file an affidavit by September 6 when the court will hear the matter. File | Photo Credit: The Hindu

An education officer, suspended after two kindergarten children were sexually abused in Badlapur, moved the Bombay High Court on Friday (August 30, 2024) seeking a stay on his suspension saying he has been framed.

Appearing for Balasaheb Rakshe, the officer, advocate Satish B. Talekar submitted in the High Court that there was no misconduct by his client. “As soon as he came to know, he asked the block development officer (for a report). He got the report in two days and sent it to the Director of Education. The petitioner is not responsible, he is being made a scapegoat. The government made a statement first before the media that two education officers have been suspended and then issued the suspension order. The government wanted to hold someone and just to save its face,” Mr. Talekar submitted. 

Mr. Rakshe had first approached the Maharashtra Administrative Tribunal for a stay on the suspension order, calling it arbitrary, discriminatory and malafide, but the tribunal refused to stay it following which he moved the High Court. He requested the court to restrain the State government from appointing any other officer in his post.

A Division Bench of Justice A.S. Chandurkar and Justice Rajesh Patil directed the State government to respond to the petition and file an affidavit by September 6 when the court will hear the matter.

The petition said Mr. Rakshe was not informed about his suspension and learned it through social media. “The petitioner found out about the sexual abuse on August 18, and promptly contacted the Ambernath block education officer, asking him to visit the school in Badlapur, conduct an inquiry and submit a report. The block education officer submitted a report on August 20, and the petitioner issued a show cause notice to the school president, secretary and headmaster,” it said.

The petition said the show cause notice sought the “school’s explanation about defunct CCTV cameras on its premises”. “The petitioner had forwarded the enquiry report to the Director of Education (primary) in Pune and the Deputy Director of Education (primary) in Mumbai. On August 21, a committee of administrators was set up to manage the school in Badlapur... Despite taking these measures, the Minister for School Education announced in the media that the education officer of Thane (Mr. Rakshe) has been placed under suspension,” the plea said.

The petition said Mr. Rakshe is placed under suspension “even though he is in no way concerned with the regulation and supervision of pre-primary centres” and said the order was “politically motivated”.  

Representing the State government, the pleader contended that suspension is not any form of punishment.  

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