VINOD EDUCATION SOCIETY Vs. AJAY KUMAR PUSHPRAJ BORKAR

JUDGEMENT

(1.) By this petition, the petitioner impugns the order passed by the Presiding Officer, School Tribunal, Nagpur on 3.4.2001 allowing the appeal filed by the respondent no.l under the provisions of 9 of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 and setting aside the termination order dated 4.1.1997. The petitioner was directed to reinstate the respondent no.l in service with arrears of salary for the period from 1997 till the date of reinstatement.

(2.) It appears that the respondent no.l was working as Assistant Teacher, with the petitioner society. The appeal was filed by the respondent no.l against the order of termination of his services on 4.1.1997 w.e.f. 6.1.1997. The respondent no.l had challenged the termination order on the ground that the enquiry committee was not constituted as per the provisions of Rule 36 of the Rules of 1981. It was the case of respondent no.l, that the respondent no.2 to the appeal, the General Secretary of the Society could not have been included in the enquiry committee. It was pleaded that there was a variance between the charge sheet and the show cause notice which caused prejudice to the respondent no.l. The respondent no. 1 then pleaded that the enquiry was vitiated and perverse as leading questions were asked in the examinationinchief. It was the case of the respondent no. 1 that the enquiry committee had not held a free and fair trial as the evidence tendered by the respondent no. 1 was not considered by the members of the enquiry committee. The respondent no.l therefore, sought for the quashing and setting aside of the order of termination dated 4.1.1997.

(3.) The petitioners filed the reply and denied that the termination order was illegal. It was denied that the enquiry committee was not properly constituted. It was further denied that the General Secretary could not have been included as a member on the enquiry committee. All the other pleas and grounds raised in the appeal memo were denied by the petitioner. Certain facts were pointed out in the specific pleas and the petitioner sought for the dismissal of the appeal. On appreciating the material on record, the Presiding Officer, School Tribunal, Nagpur by the impugned order dated 3.4.2001 allowed the appeal filed by the respondent no.l.