(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. This is the additional factor which goes in favour of the petitioner. The respondents have not made out any case except referring to the letters about the “alleged” admission of the petitioner.

3. So far as alternative remedy is concerned, we are not inclined to accept it. The petition is admitted and pending since 1997. For the above reasons, we pass the following order.

ORDER

(i) Writ petition is allowed.

(ii) Termination order dated 24.4.1997 is quashed and set aside.

(iii) Respondents to grant all benefits to the petitioner in accordance with law.

(iv) The parties are at liberty to settle the matter also.

(v) No costs.