JANATA JANARDAN SHIKSHAN SANSTHA Vs. VASANT P SATPUTE

JUDGEMENT

(1.) This is an appeal against the judgment and order of the learned 8th Additional District Judge, Pune, in Civil Appeal No. 578 of 1984.

(2.) The appellants before me are the defendants, who succeeded in the trial Court but failed in the District Court and the respondent is the original plaintiff, who failed in the trial Court but succeeded in the District Court.

(3.) The plaintiff, Dr. V.S. Satpute, was working as the Head Master in a School run by defendant No. 1, a society registered under the Societies Registration Act and defendant No. 2 was the Honorary Secretary of the said society. Very briefly stated, there were allegations against the plaintiff that the misappropriated large amounts belonging to the society and there was a demand that he should make good the losses caused by him and submit his resignation. On 24th October, 1982 there was a meeting of the society at which two letters of resignation and a cheque were given by the plaintiff. According to the defendants, at that meeting the resignation of the plaintiff was accepted from the end of October, 1982. On 26th October, 1982 the plaintiff sent a letter to defendant No. 1 society informing the society, in terms, that his resignations and the cheque were obtained forcibly from him by the defendants and, therefore, he was withdrawing the resignations given by him. A similar letter was sent by him to the Director of Education, Pune. On 28th October, 1982 the plaintiff instituted the suit from the result of which this appeal arises. On 29th October, 1982 the plaintiff wrote another letter to the defendants stating that he should be granted leave for five days as applied for by him and he should be allowed to resume charge of his duties on 30th October, 1982. On 29th October, 1982 the defendants issued a notice calling a meeting of the executive committee on 31st October, 1982 wherein one of the subjects to be discussed was to consider the plaintiffs application for leave and also the conduct of the plaintiff in not showing the amount in hand as per the cash book during the earlier meeting on 24th October, 1982. The defendants have taken the stand the resignations of the plaintiff tendered at the meeting on 24th October, 1982 were accepted at that meeting although from the end of that month and it was on that footing that they did not permit the plaintiff to resume charge at the end of this leave.