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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 4119 OF 2016
1] Shishu Vikas Education Society
through its Secretary, Shri
Chandrakant Devnath Gohane,
Shishu Vikas Prathamik Vidyalaya,
Killa Road, Mahal, Nagpur.
2] The Head Master,
Shishu Vikash Uccha Prathamik
Vidyalaya, Killa Road, Mahal,
Nagpur. PETITIONERS
...VERSUS...
1] Ku. Vidya Dudhram Ghodke,
aged Major, R/o. 30, Shivaji Society,
Hivri Nagar, Nagpur.
2] Education Officer (Primary),
Zilla Parishad, Nagpur.
3] The Presiding Officer,
School Tribunal, Nagpur, 2nd Floor,
Administrative Building No.1,
Civil Lines, Nagpur....... RESPONDENTS
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Shri B.H.Shambharkar, counsel for Petitioners.
Shri A.Z.Jibhkate, counsel for Respondent No. 1
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CORAM: R. K. DESHPANDE, J.
st DATE : 21 DECEMBER, 2016 .
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ORAL JUDGMENT
1] Rule made returnable forthwith.
Heard finally by consent of the learned counsels appearing for the parties.
2] The learned counsels appearing for the parties have invited my attention to the decision of this Court rendered on 01.10.2016 in Writ Petition No. 3729 of 2016.
The learned counsels submit that in view of the said decision the present matter is also required to be remanded back to the School Tribunal for decision afresh.
3] In view of above, writ petition is allowed. The judgment and order dated 30.01.2016 passed by the School Tribunal in Appeal STN No. 21 of 2011, is hereby quashed and set aside. The parties to appear before the School Tribunal on 16.01.2017. The Tribunal to decide the appeal within the period of six months from the date of first appearance of the parties before it in accordance with law.
Needless to say that the School Tribunal is expected to go through each and every charge levelled ::: Uploaded on - 22/12/2016 ::: Downloaded on - 23/12/2016 01:49:56 ::: 3 wp4119.16.odt against the employee and record the finding as to whether the findings recorded by the Enquiry Committee are perverse or not, in the light of the challenges levelled in the memo of appeal.
Rule is made absolute in above terms. No orders as to costs.
ig JUDGE
Rvjalit
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C E R T I F I C A T E
"I certify that this Judgment/Order uploaded is a true and correct copy of original signed Judgment/Order.
Uploaded by : R.V.Jalit, P.A. Uploaded on : 1 October, 2016 ::: Uploaded on - 22/12/2016 ::: Downloaded on - 23/12/2016 01:49:56 :::