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2002 Supreme(Bom) 930

S.A.BOBDE
Usha Ramchandra Mule – Appellant
Versus
School Tribunal & others – Respondent


JUDGMENT - BOBDE S.A., J.:---Rule is made returnable forthwith. Heard by consent of parties.

2. This petition is directed against an order dated 19-4-2001 passed by the School Tribunal upholding the order terminating petitioners service during the period of probation.

3. The undisputed facts are that the petitioner was appointed as a teacher with effect from 2-9-1996 to 30-4-1997 on a clear and permanent post. It is also undisputed that by an order dated 10-6-1997 the petitioner was appointed on probation for a period of two years and the period would have ended on 9-6-1999.

4. Petitioners services came to be terminated by an order dated 3-8-1998. This order states that the petitioners clarification has been found to be unsatisfactory, the management is of opinion that the petitioners work is found to be unsatisfactory and, therefore, her services are being terminated.

5. Mr. Jibhkate, learned Counsel, for the petitioner submits that the order terminating petitioners service is punitive and must, therefore, be set aside since it is not preceded by any enquiry into the misconduct because of which the petitioner has been terminated. Admittedly, the order, on the face of it, does not









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