Ravindra Kashirao Deshmukh vs The Presiding Officer, School ...
2003 Latest Caselaw 914 Bom

JUDGMENT

S.A. Bobde, J.

1.Rule made returnable forthwith. Heard finally Shri Puri, learned counsel for the petitioner and Shri Dubey, learned counsel for the respondent nos.2 and 3, by consent.

2.By this petition, the petitioner whose services were apparently terminated, challenges the order dated 4th September, 2002 dismissing his appeal by an extremely cryptic order. It is apparent from the impugned order that the only thing that is stated is that the appointment is part time and there is no approval and, therefore, the appeal is not maintainable. The appeal has been dismissed. This is clearly not the kind of judgment contemplated by the provision of Code of Civil Procedure which are admittedly applicable to the School Tribunal under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act. See 2003 (2) All M.R. page 1257.

3.In view of the fact that the judgment is not in accordance with law, the impugned order is set aside, rule is made absolute in terms of prayer clause (i) and the matter is remanded to the School Tribunal, Amravati for its fresh decision in accordance with law.