NERKAR MADHUKAR JAGANNATH Vs. KOPARGAON MUNICIPAL COUNCIL

JUDGEMENT

(1.) The petitioner has challenged the order of an Additional Commissioner, Nashik Division, dismissing his Appeal under section 79(6) of the Maharashtra Municipalities Act, 1965. The Additional Commissioner has held that the dismissal of the petitioner is in accordance with law.

(2.) The principal contention of the petitioner is that since he was working as a Teacher in a school known as Nagarpalika Madhyamik Tantrik Vidyalaya, Kopargaon, which was run by Kopargaon Municipal Council, the conditions of his services were governed by the provisions of Maharashtra Municipalities Act and therefore his dismissal which was effected without holding an enquiry and without taking prior approval of the Collector under the Maharashtra Municipalities Act, 1965, is illegal.

(3.) Admittedly, an enquiry has been held under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as the "MEPS Act") read with Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (hereinafter referred to as "the Rules") and the dismissal is the result of that enquiry. An enquiry was held under the MEPS Act since according to the respondents at the relevant time Secondary schools run by the Government or Local Authorities such as the respondent school in which the petitioner was employed were governed by the MEPS Act.