LATE LOKSHAHIR ANNABHAU SATHE Vs. BHAGWANRAO GANGADHAR MAHADIK

JUDGEMENT

(1.) Petitioners impugn order dtd. 3/5/2023 passed by School Tribunal, Solapur in Appeal No.63 of 2021 thereby directing reinstatment of Respondent No.1 on the post of Head Master with continuity of service and full back wages.

(2.) Mr. N. V. Bandiwadekar, leaned Senior Advocate submits that Respondent No.1 was in employment of Petitioner No.2-School as Head Master. He was served with show cause notices dated 11 th December 2018, 19/12/2018 and 11/3/2019 as to several illegalities and irregularities amounting to misconduct. Thereafter, on 9/5/2019, he was served with statement of allegations regarding misconduct committed by him. On 27 th March 2020, charge sheet was served for purpose of departmental enquiry. Respondent No.1 denied allegations. Eventually, enquiry was conducted. Respondent No.1 was called upon to appoint his nominee on Enquiry Committee. Eventually, three members Committee was constituted in terms of Rule 36 (2) (b) of Maharashtra Employees of Private Schools (Condition of Service) Rules 1981 (For Short, 'MEPS Rules').

(3.) On completion of enquiry, report dtd. 9/11/2021 was submitted, wherein Respondent No.1 was found guilty of misconduct for the charges and recommended for dismissal from service. However, nominee of Respondent No.1 submitted his descenting report. In pursuance to majority of decision of Committee, Respondent No.1 was dismissed from service vide order dated 20 th November 2021.