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wp4431.09.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.4431 of 2009
Dnyan Sanvardhan Shikshan Sanstha,
Gond Umri, Tah. Arjuni Mor,
through its Joint Secretary,
Shri Mukhalan s/o Gopala Rangari,
Aged about 61, R/o at Village
Dahegaon, Post Pardi,
Tah. Lakhandur, Dist. Bhandara. ... Petitioner
Versus
1. Bihari s/o Tukaram Bhowate,
Aged about 59,
Occupation - Retired,
R/o Borde (Karadgaon),
Tah. Arjuni Morgaon,
Dist. Gondia.
2. The Education Officer (Secondary),
Zilla Parishad, Bhandara,
Tah. & Dist. Bhandara. ... Respondents
Shri S.B. Bissa, Assistant Government Pleader for Respondent
No.2.
Coram : R.K. Deshpande, J.
th Dated : 26 April, 2017 ::: Uploaded on - 27/04/2017 ::: Downloaded on - 28/04/2017 00:35:52 ::: 2 wp4431.09.odt Oral Judgment :
1. The challenge in this petition is to the judgment and order dated 5-3-2009 passed by the School Tribunal, Nagpur, in Appeal No.STC/38/2007. The appeal filed by the respondent No.1-employee is allowed, the termination order dated 5-4-2007 is quashed and set aside, and the respondent No.1 is directed to be reinstated in service on the post of Head Master along with full back wages and continuity in service.
2. Initially, in this matter, the notice was issued to the respondents. None appeared for the respondents in response thereto.
3. This Court passed an order on 25-8-2010, which is reproduced below :
"1] This writ petition challenges the judgment and order dated 5th March, 2009, passed by the Presiding Officer, School Tribunal, Nagpur. By the impugned order, ::: Uploaded on - 27/04/2017 ::: Downloaded on - 28/04/2017 00:35:52 ::: 3 wp4431.09.odt the appeal filed by the respondent/employee has been allowed. The order of termination dated 5.4.2007 has been set aside and the employee is directed to be reinstated in service on the post of Headmaster along with full back-wages and continuity in service.
2] Learned counsel for the petitioner has pointed out that the tribunal has not recorded any finding as to the violation of mandatory provisions of Rules 36 and 37 of MEPS Rules. According to him, the order merely reproduces the grounds of challenges and there is no adjudication upon it.
3] Notice in this matter was issued on 11th November, 2009. None appears for respondent/employee although he is served in the matter.
4] Prima facie, it appears that the tribunal has failed to record its finding in respect of proof of charges against the employee. The employee was dismissed from service after holding departmental enquiry. In view of this, Rule. There shall be interim relief in terms of prayer clause (c) of the petition.
5] The learned AGP waives service on behalf of ::: Uploaded on - 27/04/2017 ::: Downloaded on - 28/04/2017 00:35:52 ::: 4 wp4431.09.odt Respondent no.2.
6] Civil Application No.2736/2009 moved by the petitioner for amendment of the petition is allowed.
7] Necessary amendment to be carried out within a period of two weeks.
8] The respondent is at liberty to move the matter for urgent hearing."
4. After going through the judgment and order impugned, it is apparent that except reproducing the grounds of challenges, there is no adjudication by the School Tribunal. The Tribunal has failed to record its findings on the contentions raised by the parties. The judgment and order suffers from total non-application of mind and hence the same needs to be quashed and set aside with an order of remand.
5. In the result, the petition is allowed. The judgment and order dated 5-3-2009 passed by the School Tribunal, Nagpur, in ::: Uploaded on - 27/04/2017 ::: Downloaded on - 28/04/2017 00:35:52 ::: 5 wp4431.09.odt Appeal No.STC/38/2007, is hereby quashed and set aside. The matter is remanded back to the School Tribunal to decide it afresh in accordance with law by recording the findings on the contentions raised by the parties before it. The Tribunal to decide the appeal within a period of six months from the date of first appearance of the parties before it.
6. Rule is made absolute in above terms. No order as to costs.
JUDGE.
Lanjewar.
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