MADHAV BHALCHANDRA JOSHI Vs. VIDYA VIKAS MANDAL

JUDGEMENT

(1.) This petition arises from the order passed by the School Tribunal at Navi Mumbai on 14-10-1997 dismissing Appeal No. 175/1997 (Old No.42 of 1992) filed by the petitioner.

(2.) The Petitioner was appointed on 11-6-1973 as an Assistant Teacher at Saraswat Vidyalay run by the Respondent No.1 Society. He was promoted to the post of supervisor on 14-6-1983. He had filed two separate civil suits in the Civil Courts at Thane on 17-11-1990. Civil suit No. 648/1990 was filed against the Head Master of Saraswat Vidyalay and Special Civil Suit No. 650/1990 was filed against the Chairman of the Respondent No.1 Society and both suits were filed for recovery of damages. In the first suit an amount of Rs. 70,500/- and in the second suit an amount of Rs. 80,500/- with interest was claimed from the defendants. While these suits were pending, he came to be suspended from duty on 1-10-1991 but without obtaining permission from the Education Officer (Secondary) Zilla Parishad, Thane. He was issued a chargesheet on 16-10-1991 and the following 7 charges were levelled against him;

(3.) A departmental enquiry was conducted and enquiry proceedings were completed on 27-3-1992. The enquiry committee in his report dated 18-4-1992 held the petitioner guilty and the same report was submitted to the management on 21-4-1992. Based on the said report he was dismissed from service by an order dated 4-5-1992 which he received by registered post on 14-5-1992. He had filed an Appeal which was originally registered as Appeal No.Gen/243/92/TH/92 of 1992.