Bombay High Court
Ramrao S/O Anandrao Bondre vs Mahesh Vidya Prasarak Shikshan ... on 11 July, 2017
Bench: I.K. Jain
WP 6717.16.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.6717 OF 2016
Ramrao s/o Anandrao Bondre,
Aged 52 years, Occupation-Nil,
R/o. Plot No.17, Patil Layout,
Swawalambi Nagar,
Nagpur. .. PETITIONER
.. VERSUS ..
1] Mahesh Vidya Prasarak Shikshan
Sanstha, Nagpur, through its
Secretary Shailja S. Daburkar,
R/o. Plot No.312, Jawahar Nagar,
Manewada Road, Nagpur.
2] Convener, Enquiry Committee,
Vikas Vidyalaya, Prasodi,
C/o. Mahatma Gandhi H.S.,
Hudkeshwar Road, Pipla Fata,
Nagpur.
3] The Headmaster,
Mahatma Gandhi High School,
(erstwhile Vikas Vidyalaya,
Hudkshewar Road, Pipla Fata,
Nagpur.
4] The Education Officer (Secondary),
Zilla Parishad, Nagpur. .. RESPONDENTS
..........
Shri P.D. Meghe, Advocate for petitioner,
Shri B.G. Kulkarni, Advocate for respondent no.1,
Shri Bhagwan M. Lonare, AGP for respondent no.4.
..........
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CORAM : KUM. INDIRA JAIN, J.
DATED : JULY 11, 2017.
ORAL JUDGMENT
Rule. Rule made returnable forthwith. Heard finally
with the consent of the learned counsel for parties.
2] The challenge in petition is to the order dated
9.2.2016 passed by School Tribunal, Nagpur in Appeal
No.STN-61/2010.
3] The facts giving rise to the petition may be stated
in brief as under :
(i) Petitioner was appointed as an Assistant
Teacher with the then erstwhile society Vikas Shikshan
Sanstha. On 4.7.2005, services of petitioner came to be
terminated. The order of termination was carried in appeal
before School Tribunal. Appeal was allowed and
management was directed to reinstate petitioner with full
back-wages. The order was challenged in writ petition
before this court. The same came to be dismissed. The
order of dismissal was challenged before the Hon'ble
Supreme Court in S.L.P. On 14.1.2011, S.L.P. filed by
management was dismissed.
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(ii) In July-2007, respondent no.1 took over
Shikshan Sanstha. On 30.4.2010 petitioner was placed
under suspension. Charge-sheet was issued to him. On
19.11.2010, petitioner challenged the show cause notice by
filing appeal before School Tribunal. Appeal came to be
dismissed. Hence, this petition.
4] With the assistance of the learned counsel for the
parties, this court has gone through the judgment and order
passed by the Tribunal. Paragraphs 1 to 22 of the judgment
would indicate that the case set up by the parties has been
discussed by the learned Presiding Officer. The reasonings
are given in paragraph 23 of the impugned judgment which
reads thus :
As per aforesaid discussion, it appears
that, appellant has proved that, his
appointment was made as per Section-5
of MEPS Act and Rules thereunder.
However, he has failed to prove that, an
impugned termination order dated
20.11.2010 is illegal and contrary to law.
Hence, I record my findings on Issue No.1
in the affirmative and on Issue No.2 in the
negative.
5] From the above observations it is crystal clear that
learned Presiding Officer has not recorded proper
reasonings. No finding is recorded that principles of natural
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justice have not been violated or inquiry is vitiated for want
of procedural compliance. Without giving proper reasons,
Presiding Officer jumped to the conclusion.
6] As proper reasons are not recorded and there is no
appreciation of material placed on record, this court is of the
view that impugned order is erroneous and unsustainable in
law. Hence, the following order :
ORDER
(i) Writ Petition No.6717/2016 is partly allowed.
(ii) Impugned order dated 9.2.2016 passed in Appeal
No.STN-61/2010 by School Tribunal is hereby quashed and
set aside.
(iii) Matter is remanded to School Tribunal, Nagpur with
a direction to decide appeal in accordance with the law
within a period of six months from the date of appearance of
the parties.
(iv) Parties to appear before School Tribunal, Nagpur
on 31.7.2017.
(v) Rule is made absolute in above terms.
(vi) No order to costs.
(Kum. Indira Jain, J.)
Gulande, PA
