Sindhu Education Society, ... vs Smt. Meeta W/O. Dilip Bachar And ...
2017 Latest Caselaw 1476 Bom

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


                          WRIT PETITION NO. 6213 OF 2015


 1]         Sindhu Education Society, Nagpur,
            through its Secretary, C/o. Mahatma Gandhi
            Centennial Sindhu High School, K.C.
            Bajaj Marg, Jaripatka, Nagpur.

 2]         Mahatma Gandhi Centennial Sindhu
            High School, K.C.Bajaj Marg, Jaripatka,
            Nagpur, through its Principal ......                           PETITIONERS

                                 ...VERSUS...

 1]         Smt. Meeta w/o. Dilip Bachar,
            aged about 34 years, Rajnagar,
            Katol Road, Nagpur.

 2]      The Education Officer (Secondary),
         Zilla Parishad, Nagpur.                                          RESPONDENTS
 -------------------------------------------------------------------------------------------
 Shri A.A.Naik, counsel for Petitioners.
 Shri P.N.Shende, counsel for Respondent no. 1 
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, J.

th DATE : 5 APRIL, 2017 .

 ORAL JUDGMENT


            1]             Rule made returnable forthwith.

Heard finally by consent of the learned counsels

appearing for the parties.

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          2]               In the earlier round of litigation, in W.P.No. 5493

of 2014, decided on 28.01.2015, this Court held that the

question of giving of one month's notice of termination does

not at all arise as the employee was paid salary in lieu of

notice and since it was a case of termination of probationary

in exercise of powers under sub-section (3) of Section 5 of

the M.E.P.S. Act, the question of holding an enquiry also

does not arise. The Court remanded the matter back to the

Tribunal with a direction to consider the case in the light of

the provisions of sub-section (3) of Section 5 read with Rule

15 of the M.E.P.S. Rules.

3] Perusal of the judgment and order passed by the

School Tribunal, which is impugned in the petition, shows

that the Tribunal has held that the termination is ex facie

punitive in nature and therefore, the enquiry was required to

be conducted. The Tribunal does not consider the case on

the basis of sub-section (3) of Section 5 and Rule 15 of the

M.E.P.S. Rules. Perusal of the order of termination shows

that it was a simplicitor termination without casting any

stigma. There is nothing wrong in making explicit what is

implicit in the power sub-section (3) of Section 5 of the

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M.E.P.S. Act, in effecting termination. The judgment and

order impugned cannot, therefore, be sustained. The same

will have to be quashed and set aside with an order of

remand.

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

judgment and order dated 19.06.2015 passed by the School

Tribunal in Appeal No. STN/29/2009 is hereby quashed and

set aside. The matter is remitted back to the School Tribunal

to decide the matter afresh, keeping in view the observations

made by this Court in the earlier judgment as well in this

judgment.

The parties to appear before the School Tribunal

on 24.04.2017. The question of issuing fresh notices to the

parties does not at all arise. The Tribunal to decide the

matter within a period of three months thereafter.

Rule made absolute in above terms. No order as

to costs.

JUDGE

Rvjalit