NATIONAL EDUCATION SOCIETY Vs. MAHENDRA BABURAO JAMKAR

JUDGEMENT

(1.) IN W. P. Nos. 722 of 2006 and 6162 of 2005 the learned Single Judge of this Court found that two Division Benches of this court have taken divergent views as to whether the Head Master of a school is a chief Executive Officer (C. E. O.) as defined in Rule 2 (c) of the Maharashtra employees of Private Schools (Conditions of Service) Rules, 1981 (for short M. E. P. S. Rules) for the purposes of holding disciplinary enquiry against the head Master. In the wake of divergent views, learned Single Judge by order dated 31-8-2006 held that since there were conflicting decisions of this Court on the issue, it was necessary to have the legal position settled by a larger Bench. Accordingly, the papers were placed before the Hon'ble Chief Justice who was pleased to constitute the Full Bench and that is how the Reference is now required to be heard and decided by this Full Bench.

(2.) THE questions which arise for our consideration and which are required to be answered by this Full Bench are framed as under :

(3.) THE facts leading to filing of the above petitions are as under :-In W. P. No. 722 of 2006, the School management challenged the judgment and order dated 23-1-2006 rendered by the School Tribunal, Nagpur, in Appeal No. STN/26/2005, by which the School Tribunal set aside the termination order dated 28-7-2005 of respondent No. 1-Headmaster. The tribunal set aside the said termination order on the ground that the statement of allegations against respondent No. 1 was not issued by the President of the management and consequently in terms of the judgment in the case of kankubai (supra) the enquiry stood vitiated rendering the termination illegal. The Tribunal also held that the judgment in the case of Kankubai was later in point of time than the judgment in the case of Shri Govind Bal Mandir shikshan Sanstha (supra) and therefore the judgment in Kankubai's case was binding on it.