Shishu Vikas Education Society ... vs Ku. Vidaya Dudhram Ghodke And ...
2016 Latest Caselaw 7563 Bom

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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
     -------------------------------------------------------------------------------------------
     Shri B.H.Shambharkar, counsel for Petitioners.
     Shri A.Z.Jibhkate, counsel for Respondent No. 1 
     -------------------------------------------------------------------------------------------
                              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

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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




                                                                             

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Uploaded by : R.V.Jalit, P.A. Uploaded on : 1 October, 2016