KENDRIYA VIDYALAYA SANGATHAN Vs. ARUNKUMAR MADHAVRAO SINDDHAYE

JUDGEMENT

(1.) These appeals, by special leave, have been preferred against the judgment and decree dated 5.3.2002 of Bombay High Court by which the second appeal preferred by the respondent Arunkumar Madhavrao Sinddhaye was allowed and the suit filed by him was decreed setting aside the order of termination of services dated 21.3.1975 and directing his reinstatement with full back wages. The appellant preferred a review petition before the High Court which was dismissed on 3.11.2003 and the said order is also under challenge.

(2.) The respondent Arunkumar Madhavrao Sinddhaye was appointed on a temporary post of Physical Education Teacher in the Kendriya Vidyalaya Sangathan on 25.6.1974. His services were terminated vide order dated 21.3.1975 in accordance with conditions of appointment mentioned in the appointment order. He filed a suit for a declaration that the order of termination of his services dated 21.3.1975 was illegal, inoperative and not binding upon him. The main plea taken in the suit instituted by the respondent was that his services had been terminated by way of punishment as an enquiry had been held behind his back in which some witnesses were examined and after completion of the enquiry, in which he had not been given any opportunity to defend himself, a report was submitted against him and on the basis of the said report his services were terminated. The suit was defended by the appellant on several grounds and the principal ground being that the services of the petitioner had not been terminated by way of punishment, but in terms of the appointment order. The learned Civil Judge (Jr. Division) Pune, dismissed the suit vide judgment and decree dated 28.2.1986 and the appeal preferred by the respondent against the said decree was also dismissed by VII Additional District Judge, Pune, by the judgment and decree dated 28.4.1987. The second appeal preferred by the respondent was, however, allowed by the High Court and the suit was decreed as mentioned earlier.

(3.) Before adverting to the submissions made by learned counsel for the parties, it will be convenient to set out the essential facts of the case and the findings recorded by the High Court.