B. P. DHARMADHlKARI, J. : - The petitioner - who is Secretary and Chief Executive Officer of the Pipla Education Society has questioned the order dt. 23 -4 -1990 passed by the respondent No 1 asking the petitioner to reinstate the respondent No. 3 after setting aside his termination dt. 10th April, 1989. The facts, in brief, which are also not in dispute can be stated thus:

The respondent No.3 was Head Master of the School by name "Vikas Vidyalaya" administered by the petitioner Institution. He was appointed on 17 -31988 and a charge -sheet for departmental enquiry was also served upon him. Before final action in the departmental enquiry could be taken, the respondent No.1 - in exercise of powers under section 3 of the Maharashtra Educational Institutions (Management) Act, 1976 (hereinafter referred to as "the Management Act") - appointed an Administrator on the said School. The Deputy Education Officer of Zilla Parishad, Nagpur by name Mr. Marathe was appointed as Administrator. The Administrator after assuming charge by order dt. 10 -4 -1989 terminated his services. This termination was challenged by the respondent No.3 by filing an appeal under section