S.C.Dharmadhikari, J.

On 30 March 2012, while dealing with Writ Petition No.126 of 2012, a learned Single Judge of this Court was confronted with two judgments, both rendered by Division Benches of this Court, on the point involved, namely whether a retired teacher can be a member of the Inquiry Committee to inquire into the misconduct of Respondent no.1 appointed as Assistant Teacher in Petitioner no.2 school?

2. The management was aggrieved and dissatisfied with the findings of the School Tribunal: firstly, that the constitution of the inquiry committee was defective; And secondly, that the inquiry and the punishment imposed on this teacher were both bad in law. The School Tribunal therefore directed the management to reinstate the School Teacher with full back wages but reserving liberty to the management to conduct a fresh inquiry against him.

3. One Division Bench sitting at Aurangabad in Writ Petition No.5867 of 2008 (Leelatai d/o. Annapa Patil Vs. The State of Maharashtra) held that the third member appointed on the inquiry committee has to be not only an awardee teacher but ought to be in service. There is a prior judgment, according to the learned Single Judge, rend