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2011 Supreme(Bom) 804

R.K.DESHPANDE
Sayyed Maksood Ali Sayyed Roshid Ali – Appellant
Versus
Uruj-E-Urdu Education Society – Respondent


Advocates Appeared:
For the Petitioner:M.G. Bhangde, Senior Advocate, R.M. Bhangde, Advocate.
For the Respondents: R2, Rashi Deshpande, AGP.

Judgment :

1. This petition challenges the judgment and order dated 19-1-2009 passed by the School Tribunal, Amravati, dismissing Appeal No.61 of 2008 filed by the petitioner challenging his otherwise termination from service by accepting his resignation dated 12-1-2008 by resolution dated 10-2-2008.

2. The facts of the case are as under :

The petitioner was appointed as an Assistant Teacher on 1-7-1985. He was promoted as Head Master on 10-10-2004. The petitioner tendered his resignation from service on 12-1-2008, which was accepted by the Management on 10-2-2008. He was not allowed to work on the post with effect from 26-6-2008 and hence he challenged his otherwise termination from service by filing Appeal No.61 of 2008.

3. Before the School Tribunal, it was not the case of the petitioner that he did not tender resignation on 12-1-2008 or that it was a forged and fabricated document, not executed by the petitioner. It was also not the case of the petitioner that he had neither prepared the resignation dated 12-1-2008, not had signed it. He, however, took the stand that the said resignation was procured by the respondent No.1 forcibly. It was the stand taken that the said resig

































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