Manorama Bahuude. Vikas Mandal ... vs Devanand Umraoji Somkuwar & Anor
2016 Latest Caselaw 4812 Bom

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                                                                wp2082.08.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                             
                    NAGPUR BENCH, NAGPUR




                                                     
                        Writ Petition No.2082 of 2008


      1. Manorama Bahuuddeshiya




                                                    
         Vikas Mandal, Lashkaribagh,
         Nagpur,
         through its Secretary.

      2. Akhilesh High School,




                                             
         through its Head Master,
         Mahuli, Taluka Parseoni,
                             
         District Nagpur.                               ... Petitioners

           Versus
                            
      1. Devanand Umraoji Somkuwar,
         Aged about 41 years,
         Resident of New Zule
         Layout Colony,
      


         Jaripatka,
         Nagpur.
   



      2. Education Officer (Secondary),
         Zilla Parishad,
         Civil Lines, Nagpur.                           ... Respondents





      Shri B.H. Shambarkar, Advocate for Petitioners.
      Shri P.N. Shende, Advocate for Respondent No.1.





                    Coram : R.K. Deshpande, J.

Dated : 22 nd August, 2016

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Oral Judgment :

1. The challenge in this petition is to the judgment and order

dated 28-1-2008 passed by the School Tribunal, Nagpur, in Appeal

No.STN/06/2007. The Tribunal has set aside the order of termination

of the respondent No.1-employee from service issued by the

petitioner-Management on 29-1-2007 and remanded the matter back

to the petitioner-Management for conducting the fresh enquiry.

2. The School Tribunal has partly allowed the appeal on two

grounds - (i) that there was no acknowledgment placed on record to

show that the statement of allegations were served upon the

respondent No.1, and (ii) that during the period from

13-9-2006 to 29-1-2007, the respondent No.1 remained absent due to

his illness of suffering from brain haemorrhage. The ground No.(i)

stated by the Tribunal cannot be sustained, for the reason that the

learned counsels appearing for the parties have pointed out that the

copy of allegations of statement was served upon the respondent No.1

and there is no dispute over it. So far as the ground No.(ii) is

concerned, my attention is invited to the medical certificate

dated 16-10-2006. Perusal of the said certificate shows that the illness

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of the respondent No.1 is not clear and the certificate is issued about

his illness from 16-6-2006 to 28-2-2007. Be that as it may, such a

certificate cannot be admitted in evidence unless the doctor issuing the

certificate is examined and the respondent No.1 enters the witness-box

to submit himself for cross-examination. The findings recorded by the

Tribunal are without any basis and cannot, therefore, be sustained.

3. In the result, the petition is allowed. The judgment and

order dated 28-1-2008 passed by the School Tribunal, Nagpur, in

Appeal No.STN/06/2007 (Devanand Umraoji Somkuwar v. Manorama

Bahuuddeshiya Vikas Mandal, Lashkaribagh, Nagpur and others), is

hereby quashed and set aside. The matter is remanded back to the

Tribunal to decide it afresh in accordance with law. The parties to

appear before the Tribunal on 19-9-2016. The Tribunal to decide the

matter within a period of six months thereafter.

4. Rule is made absolute in above terms. No order as to costs.

JUDGE.

Lanjewar

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CERTIFICATE

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Uploaded on : 23-8-2016