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2011 Supreme(Bom) 938

NISHITA MHATRE
Rangdas Swami Shikshan Vikas Mandai – Appellant
Versus
Mutyal Vilas Rambau – Respondent


Advocates appeared:
Mr. D.S. MHAISPURKAR for the Petitioners.
Mr. SUBHASH LANGOTE i/b. Mr. VA.MADANE, for Respondent No.1.
Mr. A.P. V ANARSE, AGP, for Respondent No.2.

JUDGMENT:-

Rule. Rule returnable forthwith, by consent.

2. The challenge in this Writ Petition is to the Judgment and Order of the School Tribunal, Pune, dated 23rd April, 2010, in Appeal No.47 of 2009. The School Tribunal has set aside the findings of the Enquiry Committee constituted to hold an enquiry against the respondent No.1 and consequently has set aside the decision of the petitioners to terminate the services of respondent No.1. The petitioners have been directed to reinstate the respondent No.1 w.e.f. 16th November, 2009. Liberty has been granted to the petitioners to conduct an enquiry against the alleged acts of misconducts committed by respondent No.1 after issuing a proper charge sheet under Rule 3 7(1) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, (for short "the MEPS Act"), and thereafter to hold an enquiry in accordance with the provisions of Rule 37 of the MEPS Act. The School Tribunal has directed the petitioners to pay salary to respondent No.1 from 20th August, 2009 till he is reinstated in service, before commencing the enquiry. It has further directed the petitioners to continue to pay the salary while the enquir








































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