Rafi Ahamd Qidwai Memorial ... vs Shamsher Khan Zameer Khan And ...
2023 Latest Caselaw 2704 Bom

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

                         Writ Petition No.1723/2023
  (Rafi Ahamd Qidwai Memorial Education Society and others V Shamsher Khan and
                                    another)
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                    Court's or Judge's Orders
or directions and Registrar's orders.
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                 Mr. S. Zia Qazi, Adv for petitioners.
                 Ms T. Khan, AGP for resp. no.2.


                                          CORAM : AVINASH G GHAROTE, J.

DATE : 20-03-2023

Heard learned Counsel for the petitioner.

2. It is contended that the impugned judgment by the learned School Tribunal proceeds on incorrect factual and legal premises inasmuch as the termination has been set aside on the ground that opportunity to examine witnesses was not given, which is incorrect, considering that most of the witnesses, nearly 22 in numbers, were examined during the time when Mr. Anand Hanumant Lonare, the representative of the respondents was a part of the Committee between 3-10-15 to 7-11-15. After resignation Shri Anand Lonare, on 7-11-15, the nominee of the employer Shri V.R. Mhase was appointed on 7-11-15 in whose presence around 10 witnesses were examined and all these witnesses were cross examined at the hands of the employee and therefore full opportunity was given.

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3. It is the next contention of the petitioner, that the Inquiry Committee was property constituted as since the inquiry was against the Headmaster, the provisions of Rule 36 (2)(b) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, were applicable and therefore the awardee teacher was to be nominated by the President for which the list was requisitioned from the Education Officer from whose list the awardee teacher was appointed (pg 172).

4. Issue notice for final disposal, returnable in three weeks.

5. Till the returnable date, the effect and operation of the impugned order shall stand stayed.

JUDGE Deshmukh