JUDGMENT :

Manish Pitale, J.

1. By this writ petition the petitioners i.e. management and the school have challenged judgment and order dated 19/12/2014, passed by the School Tribunal, Chandrapur, whereby appeal filed by the respondent No.1 was allowed and the order of termination of service was set aside. The Tribunal further directed reinstatement of respondent No.1 with full back-wages.

2. The facts leading to filing of the present writ petition are that the respondent No.1 was appointed as physical training instructor (teacher) on 10/07/1992, with the petitioner No.2 school by the petitioner No.1 management. The material placed on record shows that in February 2002, there was complaint made against the respondent No.1 that the said respondent had behaved in an indecent and vulgar manner with the students, on the basis of which, a communication was addressed by the Principal of the petitioner No.2 school to the respondent No.1. A warning was given to the respondent No.1 to desist from behaving in such a manner. Thereafter, on 12/12/2005, the respondent No.1 was again communicated about his unruly behaviour and his insistence that his daughter should stand first in her class. It was made clear to him that his daughter got marks as per her performance and that the respondent No.1 should desist from nasty, rude and insulting behaviour with other teachers. This document bears the signature of respondent No.1 also.

3. Another such communication dated 20/06/2009, is on record, which also bears signature of respondent No.1, wherein it is recorded that the respondent No.1, in an agitated frame of mind, had slapped one of his colleagues in the school premises. The respondent No.1 was again warned not to behave in such a manner or to create trouble in the school. Thereafter, on 26/03/2010, the respondent No.1 was found sleeping in the sports room after allegedly having overdose of tablets. This incident was recorded under the signature of all the teachers of the school.

4. Thereafter, on 27/04/2010, a show-cause notice was issued to the respondent No.1 by the petitioner No.2 school through its Principal in respect of improper behaviour with students, their parents, as also teachers of the school and explanation was called from the respondent No.1. The allegations were denied by the respondent No.1. At this stage on 25/11/2010, the Principal of the petitioner No.2 school received a complaint from father of a student making serious allegations against respondent No.1 regarding his behaviour in the backdrop of an incident wherein the student concerned was undressed by his classmates. This incident led to a situation where on 03/02/2010, the respondent No.1 was issued with a charge-sheet levelling 05 serious charges against him, concerning unruly, improper and abusive behavoiur with students, their parents as also teachers of the school, reporting late to work, dereliction in duty, insubordination and making misleading and false statements before Government Officials.

5. The respondent No.1 denied the charges levelled against him, leading to initiation of enquiry against him under the provisions of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the Rules framed thereunder. Accordingly, an Enquiry Committee consisting of one representative of the management, one representative of respondent No.1 and one state awardee teacher was constituted, which inquired into the allegations made against respondent No.1.

6. The Enquiry Committee submitted its report dated 20/02/2012, finding that all the charges levelled against the respondent No.1 were proved. The petitioners issued show-cause notice to the respondent No.1 as to why major penalty ought not to be imposed upon him, in pursuance of the findings rendered in the enquiry report, to which the respondent No.1 submitted reply. Thereafter, on 19/06/2012, the petitioner No.1 passed the order terminating services of the respondent No.1 from the petitioner No.2 s