PRESIDENT/SECRETARY Vs. SANGALE RAOSAHEB NARAYAN

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard litigating sides finally at the admission stage.

(2.) In both the petitions, judgment and order dtd. 25/4/2022 passed by the Presiding Officer, School Tribunal, Solapur in Appeal No.27/2017 is under challenge. I would refer to the papers of Writ Petition No.7482/2022 for the sake of convenience. It is preferred by the management against quashment of order of termination and direction to conduct fresh enquiry within six months by suspending respondent no.1. Writ Petition No.12561/2022 is filed by the respondent no.l/employee against direction to conduct fresh enquiry by suspending him, instead of granting him reinstatement with full back-wages.

(3.) Respondent no.1 was working as Kamathi in Ashram School run by the petitioner since 12/6/2006. He was permanent employee. He was found to be indulging into misconduct, negligence and absentees. He was issued with statement of allegations and charge-sheet vide letter dtd. 29/11/2016. An enquiry committee was constituted comprising of four members. It submitted report on 10/7/2017 to the management. Respondent no.1 was terminated by order dtd. 17/7/2017 with effect from 3/9/2016. Being aggrieved, respondent no.1 preferred appeal no.27/2017 before school tribunal. It was contested by the petitioners. By the impugned judgment and order, it was allowed partly on 25/4/2022.