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2015 Supreme(Bom) 1470

IN THE HIGH COURT OF BOMBAY
M.S. Sonak, J.
Seema Ganpat More - Appellants
Vs.
President/Secretary, Shishu Vikas Mandir and Ors. - Respondent
W.P. No. 4373 of 2014
Decided On : 19.03.2015

Advocates Appeared:
For the Appellant : Kumud Bhatia
For the Respondents: Neel Helekar

Headnote:MAHARASHTRA EMPLOYEES OF PRIVATE SCHOOL (CONDITION OF SERVICE) RULES, 1981 - Rule 28 Termination of service. - Where most of charges against petitioner was related to year 1995-96 and charge-sheet was issued in year 2012 therefore termination of service of petitioner after issuing charge-sheet improper. - The petitioner has also stated that she belongs to the Scheduled Caste category and that apart from the income from her employment, she has no other source of income. The petitioner has also averred that on account of tremendous mental stress occasioned to her and her family members, her husband expired and the entire responsibility of maintaining her family, which comprises three sons and one daughter is upon her.

JUDGMENT

M.S. Sonak, J.

1. Rule. With the consent of and at the request of learned counsel for the parties, Rule is made returnable forthwith. This petition challenges the judgment and order dated 21 February, 2014 made by the School Tribunal, Pune dismissing the petitioner's appeal against the termination of her services vide order dated 12 June, 2013.

2. The petitioner belongs to the Scheduled Caste category. By appointment order dated 21 September 1979, the petitioner was appointed as a full time Assistant Teacher in Shishu Vikas Mandir, Daund (school) established and managed by respondent Nos. 1 and 2. It is the case of the petitioner that on 18 August, 1995, she was promoted to the post of Head Mistress of the said school and she took charge of said posts on 19 August, 1995. It is further the case of the petitioner that the Secretary of respondent No. 1 instituted Writ Petition No. 4312 of 1993 to strike down Government Resolution (GR) dated 15 September 1989, which required maintenance of 50 Point Roster, in the matters of appointment to the post of Head Master. The petitioner was not impleaded as a party to the said petition, but the said writ petition was allowed on 17 September, 2001. From the said date, it is the case of the petitioner that though she was never removed from the post of Head Mistress, one Mrs. Meenakshi Shelar, sister of one of the Managing Committee Members started discharging duties as Head Mistress. The said Mrs. Meenakshi Shelar retired with effect from 30 June, 2012. The petitioner being senior most eligible teacher, as a matter of abundant caution applied for promotion to the post of Head Mistress by following the rule of seniority. In order to avoid formal promotion of the petitioner to post of Head Mistress, the school management, including in particular Shri. Ambadas Muley, Secretary of the school management issued a Show Cause Notice dated 17 September, 2012 to the petitioner, making therein several false and belated allegations. It is the case of the petitioner that the Secretary, Mr. Ambadas Muley, who had filed the Writ Petition No. 4312 of 1993 questioning the GR dated 15 September, 1989 on basis of which the petitioner had been promoted to the post of Head Mistress. Further, it is the case of the petitioner that Mrs. Meenakshi Shelar, who, in 2001 took charge of post of Head Mistress was the sister of said Mr. Ambadas Muley.

3. It is also the case of the petitioner that soon after her appointment to the post of Head Mistress in the year 1995, the petitioner had made some complaints of harassment against the Secretary Mr. Ambadas Muley. As a counter blast, Mr. Ambadas Muley and the sister Smt. Meenakshi Shelar instigated one Smt. Sushila Navale, peon in the school to file a criminal complaint against the petitioner alleging offences under sections 323 and 379 of Indian Penal Code. The allegation in such complaint was that the petitioner committed theft of Attendance Muster and caused hurt to the said peon. By the judgment and order dated 13 July, 1998, the said complaint was dismissed and the petitioner was acquitted of the offences alleged. Thereafter, some time in the year 1996 itself, Mrs. Meenakshi Shelar filed a complaint of criminal intimidation against the petitioner. Again by judgment and order dated 27 March, 2000, the said complaint was dismissed.

4. In response to the Show Cause Notice dated 17 September, 2012, the petitioner filed a detailed response dated 8 October, 2012, denying charges levelled against her. A charge-sheet dated 16 October, 2012 was issued to the petitioner and an inquiry was held, in which the Secretary Ambadas Muley was appointed as a Management representative. The Inquiry Committee was constituted in terms of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and Rules made thereunder. The members of the Inquiry Committee did not submit a combined Report, but rather made separate Reports. Two members recommended t
























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