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2013 Supreme(Bom) 858

D.Y.CHANDRACHUD, A.A.SAYED
Latika Rajaram Mane – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioner:Sunil Dighe, Advocate.
For the Respondents:R1, R7 & R8, Darius J.Khambatta, Advocate General with Nitin Deshpande, AGP, R3 to R5, N.V. Bandiwadekar, Sagar A. Mane, Advocates.

Judgment :

(Dr. D.Y. Chandrachud, J.) :

Rule; with the consent of Counsel for the parties returnable forthwith. With the consent of Counsel and at their request the Petition is taken up for hearing and final disposal.

2. The Petitioner was appointed as an Assistant Teacher in the Primary Section of the Fifth Respondent on 18 June 1984. On 17 October 1994, she was promoted as Headmistress of the Primary Section. On 2 August 2004, the management issued a notice to show cause to the Petitioner, to which the Petitioner responded by her letter dated 25 August 2004. A statement of allegations was served by the management on 1 October 2004 and a formal charge sheet was issued on 20 November 2004. The Petitioner submitted her reply to the charge sheet and denied the allegations. An Enquiry Committee was constituted for the purpose of conducting disciplinary proceedings and on 25 July 2005, the Committee submitted its findings, holding that the charges were proved. The Petitioner was terminated from service on 7 August 2005. On 2 September 2005, the Petitioner filed an appeal before the School Tribunal at Kolhapur. By an order dated 21 January 2012, the appeal was dismissed on the ground th











































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