DIOCESAN SOCIETY OF EDUCATION Vs. ADMINISTRATIVE TRIBUNAL PANAJI

JUDGEMENT

(1.) HEARD learned Counsel for the parties. Rule. By consent, heard forthwith.

(2.) BY this petition, the petitioners challenge the judgment and order dated 11th May, 2010 passed by the Administrative Tribunal in Education Appeal no.10 of 2004 by which the Tribunal has allowed the appeal preferred by respondent no.2 against the order dated 31st December, 2003 by which the services of respondent no.2 as a Lower Division Clerk in Rosary High School, Navelim were terminated.

(3.) PER contra, Mr. Tamba, learned Counsel for respondent no.2 submitted that the finding recorded by the Tribunal that the enquiry was not proper is in accordance with law. He further submitted that the appeal filed by respondent no.2 was maintainable in terms of Section 22 of the Act and under Rule 97(3) of the Rules. Moreover, the Director before granting permission for termination of services, did not give an opportunity of bearing heard to respondent no.2. According to Mr. Tamba, the Director ought to have given an opportunity of being heard to respondent no.2 before granting permission to petitioners to terminate the services of respondent no.2. He further submitted that the petitioners neither sought liberty to hold fresh enquiry before the Tribunal nor in the petition filed before this Court and, therefore, they are not entitled to urge now that liberty be granted to them to hold enquiry. In support of his submissions, Mr. Tamba relied upon the following judgments :