DHAIRYASHEELRAO DONGAR PATIL Vs. NANDKUMAR HARI PATIL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of learned counsel for the parties, the petition is heard finally.

(2.) The petitioners are original accused in private complaint case filed by the respondent for offence punishable under section 13(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (for short, "MEPS Act").

(3.) The respondent was terminated from service on account of certain misconduct alleged against him. He filed an appeal before the School Tribunal (appeal No. DHL/07/2004). The School Tribunal allowed his appeal by order dated 12-4-2007. He filed complaint (S.T.C. No. 158/2007) for offence punishable under section 13(1) of the MEPS Act in the Court of learned Judicial Magistrate (F.C.), on 20th June, 2007. The learned Magistrate recorded his verified statement on 30th June, 2007 and, thereafter, issued process against the petitioners. It is pertinent to note that the respondent had filed a caveat application in the High Court on 20-4-2007 prior to filing of the criminal complaint in contemplation of purported writ petition which was likely to be filed by the Management of the school. The respondent also filed a contempt application due to non-compliance of the order of the School Tribunal. By the order rendered on 12-6-2008, the contempt application was disposed of because the respondent made a statement that he did not wish to press the same because the order of the School Tribunal was set aside. The contempt petition accordingly came to be disposed of on 12-6-2008.