JUDGMENT :

R.B. Deo, J.

1. This petition questions the legality of the judgment dated 15.04.2017 rendered by the School Tribunal, Nagpur in Appeal 37 of 2011 by and under which the termination order dated 27.09.2007 is set aside and the petitioner is directed to reinstate the respondent 1 - employee with 50% back wages.

2. It is undisputed that the employee is issued the termination order one day prior to the completion of the probation period. The Tribunal has recorded a finding that the employee was appointed as Physical Training Instructor by following the procedure under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 ("Act" for short) and the appointment is duly approved by the Education Officer. While it is averred in the petition that the respondent 1 - employee was appointed purely on temporarily basis, and that the post was not clear nor permanent, in fairness to the learned counsel for the petitioner Shri Akshay Naik, such submission is not advanced.

3. The seminal issue which needs consideration is whether the termination of the employee is founded on misconduct or is only motivated by misconduct. The petitioner contends that if the