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2014 Supreme(Bom) 207

R.K.DESHPANDE
Bhartiya Seva Acharya Education Society, (through its Secretary) Nagpur – Appellant
Versus
School Tribunal, Civil Lines, through its Presiding Officer – Respondent


Advocates Appeared:
For the Petitioners:R.S. Parsodkar, Advocate.
For the Respondents:R1, R2, Smt. Rashi Deshpande, AGP, & R3, A.D. Mohgaonkar, Advocate.

JUDGMENT

Rule made returnable forthwith.

Heard the matter finally by consent of the learned counsels appearing for the parties.

2. This petition challenges the judgment and order dated 28th March, 2012, passed by the School Tribunal in Appeal No.STC/05/2011, in exercise of its appellate jurisdiction under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as “the MEPS Act”). The appeal filed by the respondent no.3 employee challenging the order of termination dated 30.12.2010 has been allowed and the order of termination dated 30.12.2010 has been quashed and set aside and the respondent no.3 – employee is directed to be reinstated in service to her original post in continuity of service with all consequential benefits and also the back-wages from the date of termination.

3. It is not in dispute that the respondent no.3 employee was working as an Assistant Teacher. She was placed under suspension on 01.07.2010, pending disciplinary enquiry against her. On 03.07.2010 the statement of allegations and the charge sheet was served and after holding an enquiry, she was terminated from service on 29.12.2010, holdin




























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