PRALHAD KISHOR BONDRE Vs. RAMKRISHNA SHIKSHAN PRASARAK SANSTHAN

JUDGEMENT

(1.) This petition is preferred by the employee challenging the judgment and order dated 17-11-2008 passed by the School Tribunal, Amravati, dismissing Appeal No. 32 of 2008 filed by the petitioner challenging the termination of his services with effect from 29-5-2008.

(2.) The facts, which led to filing of this petition, are as under :

(3.) In response to the aforesaid appeal and misc. application, the Management appeared before the School Tribunal and submitted that the services of the petitioner were not terminated. On the other hand, a notice dated 25-6-2007 was issued to the petitioner calling upon him to submit his explanation and directing him to resume the duty. Thereafter on 2-6-2007 and 8-7-2007, the show cause notices were issued to the petitioner, to which he did not reply, and hence again the show cause notice was issued to the petitioner on 9-8-2007. Instead of joining the duty, the petitioner approached the School Tribunal, although he was served with the statement of allegations dated 17-10-2007, to which he had given reply on 29-10-2007. It was further stated before the Tribunal that the Management in its meeting held on 10-11-2007 decided to hold an enquiry against the petitioner. Thereafter, the enquiry was to be initiated and conducted in accordance with law. In view of this, the Tribunal passed an order dismissing the application for condonation of delay filed by the petitioner by holding that no cause of action had arisen for the petitioner to file an appeal as his services were not terminated by the Management.