SHISHU VIKAS EDUCATION SOCIETY Vs. PRABHAKAR GULABRAO ALONE

JUDGEMENT

(2.) The challenge in this petition is to the judgment and order dated 30.01.2016 passed by the School Tribunal at Nagpur, in Appeal STN No. 77 of 2011. The appellant was terminated from service by way of punishment after holding an enquiry in respect of 7 charges levelled against him including the charge of misappropriation of funds.

(3.) With the assistance of the learned counsels appearing for the parties, I have gone through the judgment and order passed by the School Tribunal. The only consideration is reflected in paragraph No. 16, which is reproduced below;

(4.) There is no finding recorded that inquiry was vitiated on account of violation of any mandatory provision or the procedure prescribed for holding an inquiry. It is not the finding recorded that Inquiry Committee was not properly constituted. It is not the finding that the principles of natural justice have been violated. There is no application of mind to the charges levelled and the findings recorded by the Inquiry Committee. The findings recorded are totally vague, without any consideration to the relevant aspect of the matter. The judgment and the order impugned cannot, therefore, be sustained and the same will have to be quashed and set aside with an order of remand.