SHRIJI VIDYALAYA Vs. PATEL ANIL KUMAR LALLUBHAI

JUDGEMENT

(1.) This appeal is filed against the order of the tribunal constituted under the Gujarat Secondary Education Act, 1972. The appellants after initiating disciplinary proceedings and after holding a regular inquiry found that the charges framed against the first respondent were proved and consequently dismissed him from service. Before passing the order of dismissal, as required by law, the approval of the District Educational Officer was also obtained.

(2.) Aggrieved by that, the first respondent has filed an application before the tribunal challenging the order of dismissal.

(3.) The tribunal while deciding the issue found that some of the charges were proved. However, it went further and re-appreciated the evidence as if it was sitting in appeal and reversed the findings given on other charges. Ultimately, the tribunal substituted the punishment of dismissal by reducing two increments for a period of one year. The High court also declined to interfere with the order of the tribunal. Under these circumstances, the present appeal has been filed by special leave.