JUDGMENT

G.P. Mathur, J. - These appeals, by special leave, have been preferred against the judgment and decree dated 5.3.2002 of Bombay High Court by which the second appeal preferred by the respondent Arunkumar Madhavrao Sinddhaye was allowed and the suit filed by him was decreed setting aside the order of termination of services dated 21.3.1975 and directing his reinstatement with full back wages. The appellant preferred a review petition before the High Court which was dismissed on 3.11.2003 and the said order is also under challenge.

2. The respondent Arunkumar Madhavrao Sinddhaye was appointed on a temporary post of Physical Education Teacher in the Kendriya Vidyalaya Sangathan on 25.6.1974. His services were terminated vide order dated 21.3.1975 in accordance with conditions of appointment mentioned in the appointment order. He filed a suit for a declaration that the order of termination of his services dated 21.3.1975 was illegal, inoperative and not binding upon him. The main plea taken in the suit instituted by the respondent was that his services had been terminated by way of punishment as an enquiry had been held behind his back in which some witnesses were examined