Shishu Vikas Education Society ... vs Prabhakar Gulabrao Alone And ...
2016 Latest Caselaw 5803 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                                     
                                                            
                              WRIT PETITION NO. 3729 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]         Prabhakar Gulabrao Alone,
   



                age : Major, R/o. 177, Prabhat,
                Tuljaai Nagar, Ward No.5, Narsala,
                Post Mhalgi 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 V.N.Patre, counsel for Respondent No. 1 
     -------------------------------------------------------------------------------------------
                              CORAM: R. K. DESHPANDE, J.

st DATE : 1 OCTOBER, 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 challenge in this petition is to the judgment

and order dated 30.01.2016 passed by the School Tribunal at

Nagpur, in Appeal STN No. 77 of 2011. The appellant was

terminated from service by way of punishment after holding

an enquiry in respect of 7 charges levelled against him

including the charge of misappropriation of funds.

3] With the assistance of the learned counsels

appearing for the parties, I have gone through the judgment

and order passed by the School Tribunal. The only

consideration is reflected in paragraph No. 16, which is

reproduced below;

"16. Appellant has stated that, he was appointed as Assistant Teacher in the year 1982. He has not received any memo or adverse remarks during period of earlier management. Respondent No.1 has prepared false documents against him. Charges are baseless and bogus. He has not been given fair and proper opportunity of being heard. Inquiry Committee consisting two members have not considered his explanations given to the statement of

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allegations, charge sheet, summary of proceedings, documents and material available on record and thereby

their findings are perverse. In such circumstances, I do not find any substance in contention raised by Respondent Nos. 1 and 2 and their advocate.".

4] There is no finding recorded that inquiry was

vitiated on account of violation of any mandatory provision or

the procedure prescribed for holding an inquiry. It is not the

finding recorded that Inquiry Committee was not properly

constituted. It is not the finding that the principles of natural

justice have been violated. There is no application of mind to

the charges levelled and the findings recorded by the Inquiry

Committee. The findings recorded are totally vague, without

any consideration to the relevant aspect of the matter. The

judgment and the order impugned cannot, therefore, be

sustained and the same will have to be quashed and set

aside with an order of remand.

5] In the result, writ petition is allowed. The

judgment and order dated 30.01.2016 passed in Appeal STN

No. 77 of 2011 by the School Tribunal at Nagpur, is hereby

quashed and set aside. The parties to appear before the

School Tribunal on 17.10.2016. The Tribunal to decide the

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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

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.

      


                                                                   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