1. Aggrieved by the judgment and order dated 29-10-2002 passed by Presiding Officer, School Tribunal, Amravati Division, Amravati, in Appeal No. 11/1999, allowing the appeal preferred by Respondent No.1 against the termination order dated 29.12.1998 and directing the petitioners to reinstate him as Naik with continuity of service and backwages, the petitioner has filed the present petition.

2. In support of the writ petition, Mr. P.B. Patil, learned counsel for the petitioner made the following submissions, so also filed written note of arguments.

(i) The School Tribunal committed an error in setting aside the termination order that was passed after holding regular departmental enquiry against respondent no.1/employee. The tribunal has found that the enquiry was not fair and proper, but the said finding is factually & legally incorrect.

(ii) The list of witnesses is to be supplied as per Rule 37(2)(i)(iii) to the Enquiry Committee and not to the delinquent employee. Even then the same was supplied to him on 28.10.1998 and in the absence of any prejudice being shown, the tribunal could not have held against the petitioner. On 27.10.1998 witness Shri Haq was examined as