RASTA PETH EDUCATION SOCIETY Vs. PETHKAR UDHAO

JUDGEMENT

(1.) THIS revision application is directed against the order of the Civil Judge, Pune dated 11 September, 1990 rejecting the preliminary objection of the applicant to the maintainability of the suit on the ground of availability of alternate remedy under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("the Act") and the rules framed thereunder and bar of res-judicata.

(2.) THE applicant, Rastha Peth Education Society, runs a number of educational institutions at Pune. The respondent was employed as a teacher in a school run by the applicant since 1965. In the year 1984 an enquiry was instituted against him on various charges in which he was found guilty. It appears that by a letter dated 19 April, 1984 addressed to the Head Master of the School, the respondent applied for voluntary retirement and also sought permission to take up any other employment in the meantime. By a letter of the same date to the Chairman of the Enquiry Committee instituted to go into the charges against him, he reiterated his desire to go on voluntary retirement and intimated his decision not to join the school again in any event. By still another letter of the same date addressed to the Chairman of the Enquiry Committee, he pleaded guilty of all the charges against him and expressed regrets. He also prayed for sympathetic considerations of his prayers, probably referring to the prayer for permission to go on voluntary retirement and to take up any other work in the meantime. The Secretary of the School by his letter dated 28 April, 1984 informed the respondent about the submission of the decision of the Enquiry Committee to the Society for further action. A copy of the decision of the Enquiry Committee was also forwarded to the respondent. It was further stated in the said letter:

(3.) THE Civil Judge, Senior Division, Pune by his order dated 11 September, 1990 held that the suit was maintainable and was not barred on the ground of res-judicata. The preliminary objection of the applicant-society was thus rejected. The society has challenged the above order by filing the present Civil Revision Application.