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2015 Supreme(Bom) 302

M.S.SONAK
Anjuman-E-Taleem – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:G.R. Rege a/w. S.M. Railkar, Advocates.
For the Respondents:R1, Aparna Vhatkar, AGP, R2, N.V. Bandiwadekar i/b. Sagar Mane, Advocates.

JUDGMENT

M.S. SONAK, J.

1. This petition is directed against the judgment and order dated 8th January, 1997 made by the School Tribunal, Kolhapur Region, Kolhapur allowing the appeal instituted by respondent No. 2 setting aside termination notice dated 16th August, 1994 and directed the reinstatement of the Respondent No. 2 with backwages and other allowances from the date of termination.

2. The respondent No. 2 came to be appointed as Assistant Teacher w.e.f 21st June, 1993 by the petitioner – management at the Haji Mukadam High School, Khed (“said school”) on probation for a period of two years. On 8th March, 1994, a memo was issued to respondent No. 2 with regard to her unauthorized absence. It is the case of the respondent No. 2 that said memo was never received by her. Therefore, on 6th June, 1994 a second memo was issued to respondent No. 2 with regard to several deficiencies in her functioning and the respondent No. 2 was offered an opportunity to submit her responses to the same. By communication dated 7th June, 1994, the respondent No. 2 accepted the charges levelled against her but assured rectification in the future. By notice dated 16th August, 1994. The services of the r































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