LAWS(BOM)-2025-2-293

ABHYUDAYA DNYANVARDHINI SANSTHA Vs. CHANDRAKANT SHRIRANG GAIKAR

Decided On February 18, 2025
Abhyudaya Dnyanvardhini Sanstha Appellant
V/S
Chandrakant Shrirang Gaikar Respondents

JUDGEMENT

(1.) This Petition, instituted under Article 227 of the Constitution of India, assails the judgment and order dtd. 2/8/2019 rendered by the learned Presiding Officer, School Tribunal, Mumbai in Appeal No.7 of 2018. By the impugned decision, the Tribunal was pleased to allow the Appeal instituted by Respondent No.1, thereby setting aside the order of termination dtd. 23/2/2018 (effective from 24/2/2018).

(2.) The facts and circumstances giving rise to the present Petition, briefly stated, are as follows:

(3.) Aggrieved, Respondent No.1 filed Appeal No.39 of 2014 before the learned School Tribunal, Mumbai. The School Tribunal, upon hearing the parties, dismissed the appeal on 2/8/2016. Respondent No.1 challenged the said dismissal before this Court by way of Civil Writ Petition No.13054 of 2016. This Court, by its judgment dtd. 27/7/2017, set aside the Tribunal's order with a direction to conduct a de novo inquiry while reinstating Respondent No.1 into service w.e.f. 1/8/2017. The question of back wages during the interregnum was left to be determined based on the outcome of the fresh inquiry.