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2004 Supreme(Bom) 184

D.Y.CHANDRACHUD
Neminath Jain Bhramhacharya Ashram (Jain Gurukul) & others – Appellant
Versus
Rajendra Sitaram Nikam & others – Respondent


JUDGMENT - CHANDRACHUD D.Y. (Dr.), J.:---By an order dated 11th September, 2002 which is impugned in these proceedings, the School Tribunal has come to the conclusion that the resignation which was tendered by the first respondent was not voluntary. There is consequently an order of reinstatement though without back wages.

2. The first respondent was in the service of the petitioner since September, 1993. He was confirmed in service as a lecturer in Industrial Electronics on 16th December, 1995. The first respondent had been deputed to pursue a vocational course which he was pursuing at Walchand College of Engineering at Sangli. From the evidence which was recorded before the Tribunal it emerges that on 19th June, 2001 during the term of the vocational course, the first respondent was directed to attend the college. No reason was assigned as to why he was asked to visit the college. The First respondent was then asked to leave. Again on 26th June, 2001 the First respondent was directed to report to the college where he was compelled to sit in the office of the Principal till 5.00 p.m. Thereafter he was taken to the office of the Chairman, where the Vice-Chairman and the Principal we







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