DATTA SHIKSHAN PRASARAK MANDAL Vs. DINKAR KRISHNA GAWDE

JUDGEMENT

(1.) This petition filed by the Management and the head Master of Janta High School at Shirol, Dist. Kolhapur assails the judgment and order dated 11-9-1990 of the School Tribunal thereby allowing Appeal No. 148 of 1987. The said appeal was filed by the present respondent against the order of termination dated 3-10-1987 by way of punishment for an act of major misconduct as defined under the MEPS Rules, 1981 and the appeal was filed under section 9 of the MEPS (Condition of Service) Regulation Act, 1977 (for short "the Act").

(2.) The brief facts are that the respondent who was holding the qualifications of B. Sc. , B. Ed, came to be appointed as an Assistant Teacher in the janata High School at Shirol run by Shri Datta Shikshan Prasarak Mandal, a public Charitable Trust (old Society for short) and also a Society registered under the Societies Registration Act, 1860. The petitioner No. 2-Headmaster is one of the five Trustees of the said Society. The respondent was confirmed as Assistant teacher in June, 1975. He came to be promoted and appointed as Supervisor of the said School in the year 1983-84 and was issued a show cause notice dated 19-1-1987 in respect of 11 allegations. He replied to the said show cause notice on 13-2-1987 and denied the allegations and he concluded the said reply by alleging that the show cause notice was issued to him under a misbelief that the New english High School started by Shri Shahu Shikshan Prasarak Mandal at Shirol was started as a rival competing school. He also offered to resign from the post of secretary of Shri Shahu Shikshan Prasarak Mandal (new Society for short) , another Society/trust. The respondent had become the Secretary of that Trust on 30-9-1979. The management addressed a letter dated 27-2-1987 to the respondent by noting that he had offered to resign from the post of the Secretary of the new Society and informed him that there were other allegations against him as well and they were serious in nature and, therefore, it was decided to hold an enquiry into the said allegations. He was informed that a charge-sheet would be served on him. Under Rule 36 (1) he was also called upon to nominate his representative on the enquiry committee and accordingly by his letter dated 21-3-1987 he nominated Shri K. S. Sankpal, who was working as an Assistant Teacher at Smt. L. P. Girls' High School, Jaisingpur and the said Mr. Sankpal gave his consent by addressing a letter to the management on 21-3-1987. The management nominated its representatives Mr. H. Y. Gawade as the Convener and Mr. B. S. Mudbidrikar (a State Awardee Teacher). Thus the enquiry committee was made of Mr. H. Y. Gawade (Convener) , Mr. B. S. Mudbidrikar (State Awardee Teacher) and Mr. K. S. Sankpal (Representative of the respondent). The charge-sheet was issued to him on 26-3-1987 and the same was replied by the respondent on 4-4-1987 and he denied the charges. Therefore, the enquiry proceeded and the first sitting appears to have commenced on 24-4-1987. In the subsequent sittings apart from these three members, the head of the school or the Secretary of the old Society and the respondent teacher appeared and exchanged documents. The enquiry was concluded on 17-6-1987. When it came to the submission of findings, the enquiry committee was divided in its opinion. As per the representative of the respondent the charges were not proved as there was no material in support of any of the charges and in any case the respondent becoming the Secretary of the new Society was not an act of misconduct. Whereas the other two members of the enquiry committee in their report dated 28-6-1987 held that the charges were proved against the respondent - teacher and the charges were of serious nature. Consequently they recommended the termination of service by way of punishment. By consolidating the report dated 28-6-1987 of the majority members and the report of Mr. Sankpal dated 29-6-1987 a common report of the enquiry findings was made on 8-7-1987 and a copy of the same was also made over to the respondent. By the order dated 3-10-1987 the respondent came to be dismissed from service with effect from 5-10-1987.

(3.) The respondent in his appeal before the School Tribunal challenged the termination on the grounds that it was illegal, improper and misconceived, it was against the principles of natural justice, the management acted against him with malice the charges levelled against him were frivolous, false, baseless and imaginary, the constitution of the enquiry committee was illegal and improper, he was not given any opportunity of defending himself before the enquiry committee, the members of the enquiry committee were biased and acted with prejudice against him, the enquiry committee did not follow the MEPS Rules, he was not allowed to lead evidence and examine witnesses in support of his case before the enquiry committee, no documents were placed before the committee in support of the charges levelled against him, there was no reason for the head of the school to remain present in the enquiry and the members of the enquiry committee failed to apply their mind to the facts and circumstances of the case while holding him guilty. The appellant further stated that the convener of the meeting Mr. H. Y. Gawade was admitted to the hospital on 23rd July, 1987 and he died while in the hospital on 16th September, 1987. As per the appellant the enquiry report holding him guilty was neither prepared nor was signed by Mr. Gawade and, therefore, the said report could not be a majority opinion so as to hold him guilty of the charges levelled against him. He went to the extent of alleging that the enquiry report was prepared after the demise of Mr. Gawade by way of an afterthought and it was back dated. The enquiry conducted against him was not with an open mind but with a predetermined decision to award him the punishment of dismissal from service.