Trustees Of Swati Education ... vs Orith Ezekiel And 2 Ors
2022 Latest Caselaw 12162 Bom

                                                                                     WP-1858-22.doc

BDP-SPS-TAC


 BHARAT
 DASHARATH
 PANDIT                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 Digitally signed by
 BHARAT
 DASHARATH
 PANDIT
                                       ORDINARY ORIGINAL CIVIL JURISDICTION
 Date: 2022.11.28
 11:27:47 +0530
                                             WRIT PETITION NO.1858 OF 2022

                       Trustees of Swati Education Trusts          ..... Petitioner.
                                   Vs
                       Orith Ezekiel and Ors.                      ..... Respondents

                                                       WITH
                                          WRIT PETITION (L) NO.3693 OF 2020

                       Trustees of Swati Educational Trusts,
                       J.B. Khot High School No.2                  ...... Petitioner.
                                   V/s
                       Meenaxi Prasade and Ors.                    ..... Respondents.

                                                       WITH
                                           WRIT PETITION NO.2392 OF 2022

                       Trustees of Swati Education                 ..... Petitioner.
                                   V/s
                       N.K. Shah and Ors.                          ..... Respondents.

                       Mr. Pankaj M. Patel a/w Mr. Sushan Mhatre for the Petitioner in all
                       the Petitions.
                       Ms. Kasusar Banatwala i/b Tushar Goradia for Respondent No.1 in
                       Writ Petition No.1858 of 2022.
                       Mr. B.S. Nayak for Respondent No.1 in Writ Petition (L) No.3693 of
                       2022 and Writ Petition No.2392 of 2022.
                       Mr. Shamrao B. Gore, AGP for Respondent No.2 in all the above Writ
                       Petitions.
                                         CORAM: NITIN W. SAMBRE, J.

                                             DATE:     NOVEMBER 25, 2022

                       P.C.:-

                       1]       After   full-fledged   inquiry,   Respondents-employees      were


                                                              WP-1858-22.doc

terminated, which was set aside by the School Tribunal in Appeal brought before it under the provisions of Section 9 of the MEPS Act. The said Appeal came to be allowed vide impugned order. As such, this Petition in which issue raised by Counsel for the the Petitioners is as under:-

"If the Tribunal was of the view that inquiry against the Respondent-employee was not fair, legal and proper then Tribunal ought to have directed inquiry at its level in pending Appeal."

He has drawn support from para 19 of the judgment of the Apex Court in the matter of Sadhana Janardhan Jadhav vs. Pratibha Patil Mahila Mandal and Others reported in 2013(2) Mh.L.J. 484.

2] Counsel for the Respondent seeks time to study and address the Court on the next date.

3] Stand over to 12/12/2022.

( NITIN W. SAMBRE, J. )