SHATRUGHAN DADA KAMBLE ADULT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The learned counsel for the Respondents waive service. Taken up for final disposal. Writ Petition No. 1849 of 2013 is filed by Academy of Fine Arts & Crafts Trust (Management) and Writ Petition No. 7387 of 2013 is filed by Shatrughan Dada Kamble (Employee). Since both these petitions challenge the same impugned order, they are taken up for hearing together and are disposed of by this common judgment.

(2.) The main question that arises in these petitions is what is the purport of Rule 36(2)(a)(i) of the Maharashtra Employees of Private Schools Rules, 1981 (Rules of 1981). This sub-rule specifies that the Enquiry Committee shall consist of one member from amongst the members of the Management nominated by the Management. The issue is whether the Management can nominate a person outside the Management and whether the condition of appointing a person within Management is a mandatory provision which will vitiated an enquiry.

(3.) The Employee was working with the Management as a Head Clerk. He was appointed in Academy of Fine Arts & Crafts English School and Junior College run by the Management on 4 December 1991. He was promoted to the post of Head Clerk on 2 June 2008. A show cause notice came to be issued to the Employee on 31 March 2011, calling upon him to give his reply. The show cause notice enumerated various allegations. It was inter alia alleged that the Employee fraudulently took signatures on his promotion file. The Employee was placed under suspension on 23 April 2011. A charge-sheet came to be issued on 14 May 2011 which was received by the Employee. An enquiry committee was constituted in which one Mr. Ramakant Pande, Ex Head Master of Bansidhar Agarwal School was nominated as a member by the Management on its behalf. The Employee objected to the appointment of Mr. Pande. The enquiry proceeded. Witnesses were examined. The Enquiry Committee gave its finding holding the Employee guilty. A termination order came to be issued on 10 January 2011.