RAVINDRA SHIKSHAN PRASARAK MANDAL Vs. MADHUKAR ATMARAM KOCHE

JUDGEMENT

(1.) By way of present petition, the petitioner -management challenges the order dated 30th June, 2000 passed by the learned Presiding Officer, Additional School Tribunal, Nagpur (Chandrapur) in STC No. 31 of 1997.

(2.) Heard Shri R.L. Khapre, the learned Counsel appearing on behalf of the petitioners, Shri N.D. Khamborkar, the learned Counsel appearing on behalf of respondent No.1 and Shri A.K. Bangadkar, the learned Assistant Government Pleader appearing on behalf of respondent Nos.2 and 3.

(3.) The respondent No.1 Shri Madhukar Koche was appointed as Headmaster in the school run by the petitioner -institute namely Jawahar Smruti Vidyalaya, Delwadi, Taluka Ashti, District Wardha on the substantive and permanent post. Initially the school was being run as a school on non grant -in -aid basis till 1990 from the year. From the year 1990 -91, a school was admitted to the grants and was receiving grant -in -aid from the State Government. The respondent No.1 was served with a show cause notice. The petitioner -management levelled the charges of failure in duty, defalcation of the amount, not maintaining the records properly etc., etc. against respondent No.1. The charges would be dealt with in detail at the later part. An enquiry was initiated against respondent No.1. The report of the Enquiry Committee concluded in opining that the charges levelled against respondent No.1 are proved. Accordingly the order of termination was issued to respondent No.1. The termination order was dated 29.04.1997 and was communicated to respondent No.1 on 01.05.1997. The respondent No.1, being aggrieved by the said termination order, approached the Presiding Officer, School Tribunal, Chandrapur by preferring an appeal under Section 9 of the MEPS Act, 1977. The appeal was partly allowed by the learned Presiding Officer, School Tribunal. The termination order passed against respondent No.1 was set aside. The petitioners were directed to reinstate the respondent No.1 on his original post as Headmaster and were directed to 50 per cent arrears of the emoluments of respondent No.1 from 01.05.1997 till he resumes the duties within stipulated period of sixty days.