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2007 Supreme(Bom) 1024

R.C.CHAVAN, A.H.JOSHI
Ganesh S/o. Mahadeorao Thawre – Appellant
Versus
Central Hindu Military Education Society, Nashik – Respondent


Advocates:
Advocate Appeared
Dr. Anjan De, Advocate for Petitioner.
Shri.S.V.Manohar, Advocate for Respondent No.1.
Shri.Rohit Deo, Advocate for Respondent No.2.

ORAL JUDGMENT : ( Per Chavan, J. )

1. Rule. Rule is made returnable forthwith and is heard by consent of the parties.

2. Petitioner, Head Master of Bhonsla Military School, Nagpur, has challenged decision of respondent management to conduct an enquiry into his misconduct through a Committee consisting of Sarvashree Kumar Kale and Yashwant Kharpate on the ground that the Enquiry Committee is not constituted as required under Rule 36(2)(b) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Rules, 1981 (for short “MEPS Rules”).

3. Respondent No.2 has filed written submissions which have been countered by rejoinder by the petitioner. Respondent No.2 has also filed further additional submissions. Though the parties have thus furnished elaborate pleadings, on facts there is hardly any dispute between the parties. The petitioner is, undisputedly, Head Master of the School at Nagpur. Respondent No.1 runs another school at Nasik. Memorandum and Articles of Association of respondent No.1 have been amended by decentralizing control and creating branch managing committees. It cannot be seriously disputed that Shri Kumar Kale is Chairman of the Branch Managing Com
















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