Rule. Rule returnable forthwith. Heard finally with the consent of learned counsel for rival parties.

2. In the instant petition, there is a challenge to the judgment and order dated 28.9.2011 passed in Appeal No.STN/44/2010 by the Presiding Officer, School Tribunal, Nagpur, by which the Tribunal set aside the order dated 9.8.2010 terminating the services of respondent no.1. It further directed to reinstate the petitioner with continuity of service and back wages.

3. In support of writ petition, assailing the judgment and order rendered by the Tribunal, Mr.Pardhi, learned counsel for the petitioner, argued that termination of services of petitioner had taken place after holding a regular enquiry, as contemplated by Maharashtra Employees of Private Schools (conditions of service) Rules 1981. The appellant/ management had filed written statement/reply to the memo of appeal filed by respondent no.1 before the School Tribunal and had taken a specific stand at the end of the said reply that in case the Tribunal finds the enquiry held to be not fair and proper, the management be permitted to hold de novo trial for proving the charges levelled against respondent no.1. However, ac