1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. I have heard the learned Advocates for the respective sides at length on 04/10/2016 as well as today.

3. There is no dispute that respondent No.1/employee was appointed on 14/06/2011 and while he was under probation, a show cause notice dated 30/07/2012 was issued to him leveling allegations against him. After completing the enquiry under the MEPS Rules, the employee was awarded the punishment of reduction in rank by order dated 29/03/2014.

4. The employee approached the School Tribunal in Appeal No.3/2014. By the impugned judgment dated 09/10/2015, the enquiry was held to be unsustainable from the stage as prescribed under Rule 36(1) of the MEPS Rules, 1981. The petitioner is, therefore, permitted to conduct a fresh enquiry. The observation of the School Tribunal that the appellant be treated under suspension and be paid suspension allowance from the date his termination, has been subsequently corrected since the appellant was never terminated and hence there was no question of keeping him under suspension as he was reduced in rank and he continued in employment.

5. After considering