BALAKESHWAR SHIKSHAN MANDAL Vs. JAYWANT BHAGUJI GADEKAR

JUDGEMENT

(1.) PURSUANT to the notice issued on 22-10-2002 this matter posted today for final disposal. The respondents have been do served. Parties have exchanged their pleadings. Arguments of Counsel for the parties were advanced for final disposal consent. In the circumstances, rule. Rule made returns forthwith, by consent.

(2.) THIS writ petition under Article 227 takes exception to judgment and order passed by the School Tribunal, Pune Region, dated 25-6-2002 in Appeal no. 104 of 1998.

(3.) BRIEFLY stated, the respondent No. 1 was appointed as Assistant Teacher in the petitioner school. Initially, appointment of the respondent No. 1 was on temporary basis against reserved post. The Tribunal has, however, found that letter Exhibit 19 the respondent No. 1 was appointed against clear and permanent vacancy on probation. Be that as it may, certain complaints were received against the respondent No. 1 from the students regarding his misbehaviour. In the wake of these complaints, the respondent No. 1 tendered resignation on 16-8-1998. The resignation is addressed to the Chairman of the petitioner Institute. It clearly records that having regard to the serious allegations made against him and till he is absolved of the said allegations, he was resigning from the present post and he may be allowed to resume later on. In substance, the letter clearly expresses the respondent No. 1's intention to resign from the post having regard to the complaints pending against him. That resignation letter was placed before the Managing Committee of the petitioner Institute in its meeting held on 29-11-1998 and was accepted by the Managing Committee. Communication in this behalf was sent to the petitioner on 9-12-1998.