SOCIETY OF SISTERS OF SAINT JOHN Vs. ARVIND

JUDGEMENT

(1.) By this writ petition the petitioners i.e. management and the school have challenged judgment and order dated 19/12/2014, passed by the School Tribunal, Chandrapur, whereby appeal filed by the respondent No.1 was allowed and the order of termination of service was set aside. The Tribunal further directed reinstatement of respondent No.1 with full back-wages.

(2.) The facts leading to filing of the present writ petition are that the respondent No.1 was appointed as physical training instructor (teacher) on 10/07/1992, with the petitioner No.2 school by the petitioner No.1 management. The material placed on record shows that in February 2002, there was complaint made against the respondent No.1 that the said respondent had behaved in an indecent and vulgar manner with the students, on the basis of which, a communication was addressed by the Principal of the petitioner No.2 school to the respondent No.1. A warning was given to the respondent No.1 to desist from behaving in such a manner. Thereafter, on 12/12/2005, the respondent No.1 was again communicated about his unruly behaviour and his insistence that his daughter should stand first in her class. It was made clear to him that his daughter got marks as per her performance and that the respondent No.1 should desist from nasty, rude and insulting behaviour with other teachers. This document bears the signature of respondent No.1 also.

(3.) Another such communication dated 20/06/2009, is on record, which also bears signature of respondent No.1, wherein it is recorded that the respondent No.1, in an agitated frame of mind, had slapped one of his colleagues in the school premises. The respondent No.1 was again warned not to behave in such a manner or to create trouble in the school. Thereafter, on 26/03/2010, the respondent No.1 was found sleeping in the sports room after allegedly having overdose of tablets. This incident was recorded under the signature of all the teachers of the school.