SWAMINARAYAN VIDYASHRAM TRUST Vs. LABHSHANKER NARANBHAI VAGHELA

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the school management of the secondary school at Bhavnagar challenges the judgment and order dated 13. 2. 2004 of the Gujarat Secondary Education Tribunal in Application No. 118 of 2002 by which the Tribunal set aside the order of dismissal dated 20. 3. 2002 passed by the petitioner - management against the respondent - teacher and the Tribunal directed the school management to reinstate the respondent - teacher in service with full backwages from their own funds. While admitting the petition, this Court had granted interim stay against the operation and execution of the judgment and order of the Tribunal.

(2.) SINCE the petitioner - school management as well as the respondent - teacher have arrived at a settlement with 50% backwages from the date of dismissal till the date of reinstatement, it is not necessary to set out the facts in details.

(3.) IT appears that the respondent- teacher had joined the secondary school being run by the petitioner - management in the year 1996. A departmental inquiry was initiated against the respondent - teacher on the ground that on 15. 8. 2000, the respondent did not attend the Independence Day function organized by the school and when the management asked for the explanation, the respondent submitted a sickness certificate and thereafter a fitness certificate issued by Dr Chudasama. The case of the school management was that Dr Chudasama had issued the certificate dated 30. 8. 2000 certifying that the respondent was sick on 15. 8. 2000 and also another certificate of the same date i. e. 30. 8. 2000 certifying that the respondent was fit to resume duty from 16. 8. 2000. The said certificates were issued on the stationery of Sir T. Hospital, Bhavnagar.