(Anoop V. Mohta, J.)

Petitioner has challenged the order of termination by respondents 1 and 2 as there was no enquiry as contemplated under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981. The order of termination mentions about the misconduct. In the reply, the respondent/management averred that the petitioner admitted the guilt. Petitioner is not accepting the contents of the termination order. By the notice the management inflicted major penalty without giving any opportunity. Therefore, without expressing anything on the other aspects, we are inclined to hold that the order of termination in view of the above admitted position on record is unsustainable.

2. This Court while issuing notice on 28.4.1997 granted an ad interim relief in terms of prayer clause (iv). That resulted into stay of the impugned order of termination. The petitioner, therefore, has been in service till this date. There is nothing on record to show that the management at any point of time challenged the interim order. The Division Bench of this Court adjourned the matter from time to time for reply and affidavit of respondents without disturbing the interim order. Th