JUDGMENT - DHARMADHIKARI B.P., J.: - By this petition filed under Article 226 of the Constitution of India, the petitioner-management challenges the judgment dated 2-5-1991 delivered by the School Tribunal, Amravati and Aurangabad Division at Aurangabad in Appeal No. 129 of 1988-A. By this judgment, the School Tribunal has directed the petitioners to reinstate respondent No. 1 by quashing and setting aside the oral termination done on 25-6-1988 or 1-7-1988 and has further directed that respondent No. 1 should be reinstated as Assistant Teacher or as a physical education instructor within 40 days with continuity of service and back wages till he is allowed to resume his duties. In the alternative, the Government has been directed that an equal amount be deducted from the grant due and payable to the petitioner-management and the same be paid to the respondent No. 1-employee.

2. This Court admitted writ petition on 18-6-1991 and granted interim stay of reinstatement only. The back wages were ordered to be deposited within two months and respondent No. 1 was allowed to withdraw the amount on furnishing security.

3. The question involved in this petition is whether candidate holding B.C

Click Here to Read the rest of this document