KAMTA PRASAD Vs. KALYAN MUNICIPAL CORPORATION

JUDGEMENT

(1.) BY this Writ Petition, the petitioner seeks to challenge the Order of dismissal dated 12th/13th October, 1995. He also seeks reinstatement with back wages from 1st October, 1995 with continuity of service, benefit of seniority and all other benefit.

(2.) THE facts giving rise to this Writ Petition, briefly, are as follows:

(3.) ON June 3, 1994, petitioner was charge -sheeted, inter alia, on the grounds of unauthorised absence, insubordination and rude behaviour with superiors and on the ground that the petitioner had made mistakes in assessing answer papers of the students. In the course of enquiry, the petitioner requested the Management to supply copies of the necessary documents on which the Management sought to place reliance. He also requested the Management to appoint Defence Representatives to defend his case as per the provisions of the Maharashtra Employees of Private School Regulation Act, 1977 and Rules, 1981 [hereinafter, for the sake of brevity, referred to as 'the said Act, 1977']. However, the Management refused to supply services of Defence Representative to the delinquent. This led to quarrel before the Enquiry Officer for which the petitioner was given a Show Cause Notice on 14th November, 1994 alleging that the petitioner misbehaved before the Enquiry Officer. This Show Cause Notice was given after the charge -sheet came to be issued on June 3, 1994. The Enquiry Officer submitted his Report on 27th November, 1994. The Enquiry Officer found the delinquent guilty. Pursuant to the Report of the Enquiry Officer, the Punishing Authority passed an Order of termination on 12th/13th October, 1995. At this stage, it may be mentioned that the delinquent was suspended pending the enquiry. Against the impugned Order of termination, the present Writ Petition has been filed.