SUDHIR SHIKSHAN SANSTHA Vs. KIRAN

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Heard finally by consent of learned Counsel for the respective parties.

(2.) By this Petition, the Petitioners have challenged the judgment dtd. 21/03/2024 passed in Appeal STN No. 09/2022 by the learned School Tribunal, Nagpur by which the Appeal filed by the Respondent No. 1 came to be allowed.

(3.) The facts giving rise for filing of the present Writ Petition are as under:- On 26/06/2009, the Respondent No. 1 came to be appointed in the Petitioner No. 2 - School. On 05/09/2015, the approval was granted by the Education Officer to the appointment of the Respondent No. 1. According to the Petitioners, as it was found that the Respondent No. 1 is involved into the acts of misconducts, such as tampering with the documents, the Management resolved to hold enquiry against the Respondent No. 1. On 13/05/2021, the Show Cause Notice was issued by the Management to the Respondent No. 1. No reply was given by the Respondent No. 1 to the said Show Cause Notice. Moreover, the notice was also received back by the Management. On 08/06/2021, the statement of allegations came to be issued by the Management. On 16/06/2021, the Respondent No. 1 filed her reply to the statement of allegations. As the reply was found to be unsatisfactory, the Management resolved to constitute an Enquiry Committee. On 09/08/2021, the Respondent No. 1 was served with the Charge Sheet along with 123 documents. It is submitted that complete enquiry was conducted as per the Rules, giving all the opportunity to the Respondent No. 1 to defend. On 23/02/2022, upon completion of the enquiry, as the Respondent No. 1 was found guilty of the misconducts, her services came to be terminated. Being aggrieved by the same, the termination order was challenged by the Respondent No. 1 by filing an Appeal bearing STN No. 09/2022 before the learned School Tribunal, Nagpur.