Bombay High Court
Dnyan Sanvardhan Shikshan ... vs Bihari S/O Tukaram Bhowate on 26 April, 2017
Bench: Ravi K. Deshpande
1
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.4431 of 2009
Dnyan Sanvardhan Shikshan Sanstha,
Gond Umri, Tah. Arjuni Mor,
through its Joint Secretary,
Shri Mukhalan s/o Gopala Rangari,
Aged about 61, R/o at Village
Dahegaon, Post Pardi,
Tah. Lakhandur, Dist. Bhandara. ... Petitioner
Versus
1. Bihari s/o Tukaram Bhowate,
Aged about 59,
Occupation - Retired,
R/o Borde (Karadgaon),
Tah. Arjuni Morgaon,
Dist. Gondia.
2. The Education Officer (Secondary),
Zilla Parishad, Bhandara,
Tah. & Dist. Bhandara. ... Respondents
Shri S.B. Bissa, Assistant Government Pleader for Respondent
No.2.
Coram : R.K. Deshpande, J.
th
Dated : 26 April, 2017
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Oral Judgment :
1. The challenge in this petition is to the judgment and
order dated 5-3-2009 passed by the School Tribunal, Nagpur, in
Appeal No.STC/38/2007. The appeal filed by the respondent
No.1-employee is allowed, the termination order dated 5-4-2007
is quashed and set aside, and the respondent No.1 is directed to
be reinstated in service on the post of Head Master along with
full back wages and continuity in service.
2. Initially, in this matter, the notice was issued to the
respondents. None appeared for the respondents in response
thereto.
3. This Court passed an order on 25-8-2010, which is
reproduced below :
"1] This writ petition challenges the judgment and
order dated 5th March, 2009, passed by the Presiding
Officer, School Tribunal, Nagpur. By the impugned order,
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the appeal filed by the respondent/employee has been
allowed. The order of termination dated 5.4.2007 has
been set aside and the employee is directed to be reinstated
in service on the post of Headmaster along with full
back-wages and continuity in service.
2] Learned counsel for the petitioner has pointed out
that the tribunal has not recorded any finding as to the
violation of mandatory provisions of Rules 36 and 37 of
MEPS Rules. According to him, the order merely
reproduces the grounds of challenges and there is no
adjudication upon it.
3] Notice in this matter was issued on
11th November, 2009. None appears for
respondent/employee although he is served in the matter.
4] Prima facie, it appears that the tribunal has
failed to record its finding in respect of proof of charges
against the employee. The employee was dismissed from
service after holding departmental enquiry. In view of
this, Rule. There shall be interim relief in terms of prayer
clause (c) of the petition.
5] The learned AGP waives service on behalf of
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Respondent no.2.
6] Civil Application No.2736/2009 moved by the
petitioner for amendment of the petition is allowed.
7] Necessary amendment to be carried out within a
period of two weeks.
8] The respondent is at liberty to move the matter
for urgent hearing."
4. After going through the judgment and order impugned,
it is apparent that except reproducing the grounds of challenges,
there is no adjudication by the School Tribunal. The Tribunal
has failed to record its findings on the contentions raised by the
parties. The judgment and order suffers from total
non-application of mind and hence the same needs to be quashed
and set aside with an order of remand.
5. In the result, the petition is allowed. The judgment and
order dated 5-3-2009 passed by the School Tribunal, Nagpur, in
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Appeal No.STC/38/2007, is hereby quashed and set aside. The
matter is remanded back to the School Tribunal to decide it
afresh in accordance with law by recording the findings on the
contentions raised by the parties before it. The Tribunal to
decide the appeal within a period of six months from the date of
first appearance of the parties before it.
6. Rule is made absolute in above terms. No order as to
costs.
JUDGE.
Lanjewar.
