[2026:BHC-NAG:7309-DB] — High Court of Judicature at Bombay, Nagpur Bench (DB: M.S. Jawalkar & N.S. Deshpande, JJ.; per Jawalkar, J.) — Writ Petitions Nos.4017, 3968, 6086 & 7121 of 2025 — Pronounced 07/05/2026. Employees (assistant teachers, junior clerk, peon) of aided primary schools in Nagpur petitioned because their salaries were stopped from March 2025 and the Deputy Director of Education, Nagpur Division cancelled their approvals and Shalarth IDs by communications dated 24/01/2026 (show cause notice), 03/02/2026, 26/02/2026 and 27/04/2026, principally on discrepancies in 'outward' register numbers; Pay Bill notes dated 02/05/2025 and 29/04/2025 were also impugned. Held (following Shrikant Ganpatrao Pawar, WP 7441/2025; Badri Kondu Chavhan, WP 6163/2025; Hemant Baliram Deore, WP 3839/2025 (Principal Seat); and Shivanee Prasanna Deshpande, WP 10133/2016): (i) the show cause notices were vague, devoid of material particulars, and contained no specific charge of fraud, misrepresentation or suppression against the employees; (ii) a discrepancy in outward number alone — not attributable to the staff, with the Education Officer's signature and seal undenied and documents duly acknowledged — cannot put employees to peril; (iii) concluding enquiries in undue haste after 10–15 years of approved service, without personal hearing, violates principles of natural justice; (iv) the procedure under GR dated 10/06/2022 (Clause 3.1) requiring notice to and hearing of the officer who issued the individual approval was not followed — enquiry in his absence is in complete violation of the GR; (v) an approval erroneously granted cannot be recalled absent established fraud/misrepresentation/suppression; (vi) systemic defects (non-functional Pavitra Portal, un-updated UDISE+, pendency of Shalarth proposals) cannot be blamed on staff having no role therein. Show cause notices and cancellation orders quashed; Shalarth IDs and approvals restored; arrears of salary from March 2025 payable within four weeks and salary to continue; liberty to issue fresh show cause notices confined to fraud/misrepresentation against employees, irregularities being confrontable only against Management/officers with recovery or penalty. Writ petitions partly allowed; rule made partly absolute; no costs.
