YOGIRAJ SHIKSHAN PRASARAK MANDAL Vs. VIDYA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise from the impugned judgments and orders of the High Court of Judicature at Bombay dated 16 December 2015 and 1 March 2017.

(3.) The dispute relates to the termination of the services of the original respondent (since deceased) after a disciplinary enquiry. The original respondent was engaged as a Head Mistress by the third appellant, Anjanabai Zode Kanya Vidyalaya, Ashti in the District of Wardha in Maharashtra. A charge-sheet was issued to the employee on 15 January 1998 levelling as many as 53 charges, including a charge of mis-appropriation. An Enquiry Committee of three members was constituted under Rule 36 of the Maharashtra Employees of Private Schools (Conditions of Service) Rules 1981 ("1981 Rules"). Following the disciplinary enquiry, a combined report was submitted by the Enquiry Committee on 29 June 1998. One of the three members of the Committee expressed a dissenting view. The services of the employee came to be terminated on 3 July 1998. An appeal was filed before the School Tribunal. The Tribunal, by its decision dated 27 April 2005, rejected the appeal following which a writ petition was filed by the respondent before the High Court.