SHANKAR GOPAL UMRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner was appointed in 1992 as an Assistant Teacher in the City High School, Sangli, operated by Respondent No.5, a private Management. He was promoted to the post of Head Master in 1997. He has received around 22 Awards. A dispute arose in between two groups in the Management. The Petitioner was terminated from service after conducting a departmental enquiry under The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (for short 'the 'MEPS Rules'), vide order dtd. 13/10/2014.

(2.) The Petitioner preferred an Appeal No.103 of 2014 before the School Tribunal, Kolhapur. By a Judgment dtd. 3/5/2017, the Tribunal observed that the Enquiry Committee was properly constituted and the procedure was properly followed. However, it was concluded that the MEPS Rules and the principles of natural justice were not adhered to. The enquiry was vitiated and the termination order was set aside. Liberty was granted to the Management to start the enquiry from the stage at which it was vitiated.

(3.) The Management approached this Court against the order of the Tribunal, in Writ Petition No.1851 of 2018. By Judgment dtd. 3/4/2013, the learned Single Judge concluded in Paragraph No.25 onwards, that the enquiry will have to be conducted from the stage at which it was vitiated and the Appellant would be notionally deemed to be reinstated, but will be under suspension and will be entitled to the subsistence allowance. However, in the interregnum, the Petitioner/Appellant superannuated on 31/3/2021.