KRANTI JUNIOR ADHYAPAK MAHAVIDYALAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for petitioners. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. Learned Counsel for respective respondents waive service of Rule.

(2.) This writ petition is filed challenging the judgment and order dated 20.06.2009, passed by the Presiding Officer, School Tribunal, Aurangabad, in Appeal No.15/2007.

(3.) Learned Counsel appearing for the petitioners submits that the Presiding Officer, School Tribunal, has failed to appreciate that if the inquiry committee constituted by the Management is in violation of the Rules, the Presiding Officer, School Tribunal, Aurangabad, ought to have directed the Management to constitute the Committee afresh and then conduct denovo inquiry, as directed in various judgments and this aspect has not been taken into consideration. It is further submitted that subsistence allowance is paid to the appellant and even the inquiry does not vitiate on the ground of non payment of subsistence allowance as the appellant remained present for inquiry, regularly. It is further submitted that the proceedings of the Committee reveal that the appellant as well as her representative have not cooperated with the inquiry and their conduct show that they behaved arrogantly during the course of the inquiry. It is further submitted that the School Tribunal has failed to appreciate that all the documents were supplied to the appellant, full opportunity was given in the inquiry and even the questionnaire was supplied to the appellant. Therefore, there was no violation of principles of natural justice, as alleged by the appellant.