Shivshakti Shaikshanik Sanstha, ... vs Smt. Smita Prakash Vispute
2021 Latest Caselaw 3414 Bom

Citation : 2021 Latest Caselaw 3414 Bom
Judgement Date : 23 February, 2021

Bombay High Court

Shivshakti Shaikshanik Sanstha, ... vs Smt. Smita Prakash Vispute on 23 February, 2021

Bench: V.M. Deshpande

Judgment

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

                       WRIT PETITION NO.570 OF 2020

Shivshakti Shaikshanik Sanstha,
Shivshakti Nagar, Amravati Road,
Nagpur, through its Secretary
Shri Narayan Sarjerao Ghodkhande,
Aged about - 70 years,
Occupation retired employee,
R/o plot No.48, 49, Shivshakti
Nagar, in front of Wadi Police Station,
Amravati Road, Nagpur - 440 023.                     ..... Petitioner.

                                 :: V E R S U S ::

1. Smt.Smita Prakash Vispute,
Aged about 54,
Head Mistress,
Late K.C.Thakre @ Prabodhankar
Thakre Smruti Madhyamik Shala,
Bhakta Pundalik Nagar, W.C.L.
Colony, Wadi, Nagpur - 440 023.

2. The Education Officer (Secondary),
Zilla Parishad, Nagpur.                 ..... Respondents.
===================================
Shri A.D.Mohgaonkar, Counsel for the petitioner.
Shri P.A.Jibhkate, Counsel for respondent No.1.
Shri Ashish Kadukar, AGP for respondent No.2.
===================================

                CORAM           : V.M.DESHPANDE, J.
                DATE            : FEBRUARY 23, 2021




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ORAL JUDGMENT

1.             Heard learned counsel Shri A.D.Mohgaonkar for the

petitioner, learned counsel Shri P.A.Jibhkate for respondent No.1, and

learned Assistant Government Pleader Shri Ashish Kadukar for

respondent No.2.


2.             Respondent No.1 has filed an appeal against the

petitioner under Section 9 of the Maharashtra Employees of Private

Schools (Conditions of Service) Regulation Act, 1977 (for short, "the

MEPS Act"). The said appeal is registered as STN No.9/2019 and is

pending on the file of learned Presiding Officer, School Tribunal, at

Nagpur seeking quashing of termination order dated 25.1.2019 and

seeking reinstatement to the post of headmistress with continuity of

service and back wages and all other consequential benefits. Along

with the said appeal, respondent No.1 also filed an application to stay

effect and operation of impugned termination order dated 25.1.2019

before the Tribunal. Learned Presiding Officer passed order on

4.12.2019 thereby ordered that there shall be stay to communication

dated 25.1.2019 till final decision of the appeal. Being aggrieved by



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the said, this writ petition is filed by the management principally on

the ground that at the interim stage learned Presiding Officer has

granted final relief in favour of respondent No.1.


3.             On 28.1.2020, this Court (Coram : Ravindra V.Ghuge, J.)

issued Notices.        Learned counsel Shri P.A.Jibhkate for respondent

No.1 made a submission that he would not seek execution of the

impugned order, if this Court could take up this petition for final

hearing at the admission stage. Today, when this petition was taken

up for admission, I am of view that this petition can be decided at this

stage. Hence, Rule. Rule is made returnable forthwith. Heard finally

by consent of learned counsel for parties.


4.             The appeal is filed by respondent No.1 for quashment of

order of termination dated 25.1.2019 from the post of headmistress.

According to learned counsel for the petitioner, respondent No.1 was

terminated after holding departmental enquiry. According to learned

counsel for respondent No.1, the said departmental enquiry was not

held in accordance with law.




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5.             Be that as it may, the appeal filed by respondent No.1 is

still pending before learned Presiding Officer, School Tribunal at

Nagpur.     Any observation from this Court, at this stage regarding

legality of order of termination based on departmental enquiry, will

prejudice the case of the petitioner as well as respondent No.1. In

this view of the matter, I propose not to give any observation.


6.             The appeal filed by respondent No.1 is still pending

before learned Presiding Officer, School Tribunal at Nagpur. In my

view, interest of justice can be met with by giving following

directions. Hence, I pass following order:


                                 ORDER

(1) The writ petition is partly allowed.

(2) The petitioner as well as respondent No.1 is directed to appear

before learned Presiding Officer, School Tribunal at Nagpur on

10.3.2021.

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(3) Learned Presiding Officer shall decide the appeal, within a period

of one month from 10.3.2021, even by fixing the case on day to day

basis.

(4) The petitioner and respondent No.1 is directed to extend full

cooperation to learned Presiding Officer for disposal of the appeal.