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2007 Supreme(Bom) 1296

R.M.SAVANT
Bhagwanrao s/o. Vishwanath Vyawhare – Appellant
Versus
Sunita w/o. Gopinath Palve – Respondent


Advocates:
Advocate appeared
Shri P. M. Shah, Senior Counsel for
Shri N. C. Garud, Advocate for the Petitioners.
Shri S. S. Jadhavar, Advocate for the Respondent No.1.
Shri V. H. Dighe, Asstt. Govt. Pleader for Respondent No.2.

JUDGMENT :

1. Rule, with the consent of the parties made returnable forthwith and heard.

2. The short question that arises for consideration in this writ petition filed under Article 226 and 227 of the Constitution of India is whether the petitioners should be permitted to conduct a fresh inquiry against the Respondent No.1 in view of the fact that earlier inquiry was found to be defective as a consequence of which, the order imposing punishment of termination of service of Respondent No.1 came to be set aside by the School Tribunal.

2. The petitioners have filed the above petition impugning the order passed by the School Tribunal, Solapur dated 17-4-2007. By the said order, the appeal filed by the Respondent No.1 herein being Appeal No. 8 of 2007 came to be allowed and the petitioners were directed to reinstate the Respondent No.1 from the date of her termination i.e. 30-12-2006 and be paid 50 per cent of the back wages. . The factual matrix involved in the above petition is stated thus, .

The Respondent No.1 was appointed as an Assistant Teacher in the school run by the Trust known as Shri Sant Savata Ashram Shikshan Samiti. The petitioners are the



























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