SHANKARBHAI MOHANBHAI MARWADI Vs. PRINCIPAL

JUDGEMENT

(1.) THE petitioner by this petition challenges the order passed by the Tribunal dated 06. 02. 2009 in Application No. 167 of 2008 whereby the application of the petitioner is dismissed.

(2.) HEARD Mr. Rawal for the petitioner, Mr. Vakil for respondent Nos. 1 and 2 and Mr. Soni, learned A. G. P. for respondent No. 3.

(3.) THE contention raised on behalf of the petitioner is that no inquiry has been held as required under Section 36 of the Gujarat Secondary Education Act (hereinafter referred to as the Act), therefore the order of termination is void. It has been submitted that the Tribunal has not considered the said aspect and has passed the order, therefore this Court may interfere. He alternatively submitted that even if it is considered that the petitioner was on probation as Shikshan Sahayak until he is absorbed in the regular cadre then also the impugned order dated 21. 09. 2008 is a stigmatic order in as much as the services are terminated because of the repeated serious complaints. Therefore such could not have been done without observance of the principle of natural justice. Therefore, he submitted that the said aspect is not properly considered by the Tribunal, therefore this Court may interfere.