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2016 Supreme(Bom) 1107

RAVINDRA V.GHUGE
Head Master, Vivek Vardhini Madhyamik Vidyalaya, Malizap, Tq. Akole, Dist. Ahmednagar – Appellant
Versus
Alka Namdeo Khalekar – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.K. Chavan, Advocate.
For the Respondent:Mr. A.N. Kakade, Advocate Mr. R.J. Godbole, Advocate, Mr. S.D. Kaldate.

JUDGMENT :

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

2. Considering the submissions of the petitioner/Management, I am framing the following issue for decision:-

“How many times should the Management be permitted to conduct a denovo enquiry after the first departmental enquiry and the subsequent enquiry is quashed and set aside for being vitiated on account of the noncompliance of Rule 36 and/or 37 of the MEPS Rules, 1981 or for any other connected reason ?”

3. The first petition has been filed by the Head Master namely Mr. Raosaheb Mandlik, who is the real brother of the President of the Educational Institution and who is himself interested in occupying the post of Head Master, which was earlier held by respondent No.1 Smt.Alka Namdeo Khalekar. This petitioner, therefore, challenges the judgment and order of the School Tribunal dated 30/03/2016 by which Appeal No.35/2014 filed by respondent No.1 Smt.Alka Khalekar has been allowed.

4. The second petition is filed by Mr. Sonu Mandlik, who is the President of the Educational Institution, challenging the same judgment of the School Tribunal. For the sake of brevity, the petitioner in the first






































































































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