SHRI DNYANESHWAR GOVINDRAO DAIGAVHANE Vs. SHUBHAM BAHUUDDESHIYA SANSTHA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties and as per the directions of the Hon'ble Apex Court. Heard Mr. A. Z. Jibhkate, Advocate for petitioner, Mr.B. H. Shambharkar, Advocate for respondent nos.1 and 2, Mr. A. D. Sonak, A.G.P. for non applicant no. 3, Mr. A. D. Mohgaonkar, Advocate for respondent no.5 and Mr. V. N. Patre, Advocate for respondent no.6. Presence of the respondent no.4 is not necessary for deciding this writ petition since the respondent no.4 is Presiding Officer, School Tribunal, Nagpur.

(2.) The petitioner received a show cause notice dated 24.03.2003 from the respondent no.2-Head Mistress, Swami Vivekanand High School, Waddhamana, Tq. Hingna, Dist. Nagpur. Certain acts of misconduct were alleged against the petitioner in the said show cause notice and explanation was sought from the petitioner. On receipt of it, the petitioner denied the allegations and furnished his explanation on 28.03.2003 to the show cause notice.

(3.) The respondent no.1 which runs the school, convened a meeting dated 04.04.2003 of its managing committee and in that it was decided, after considering the reply submitted by the petitioner, to hold and conduct an inquiry in respect of the acts of misconduct alleged against him. In the said meeting, it was decided to appoint one Mr. N. N. Jaipurkar as Convenor of the inquiry committee and also Eknath Tukaramji Pise who was, at the relevant time, President of the respondent no.1-Trust as Chief Executive Officer (CEO) of the Committee.