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2020 Supreme(Bom) 164

MANISH PITALE
Society Of Sisters Of Saint John, Wardha – Appellant
Versus
Arvind – Respondent


Advocates:
Advocate Appeared:
R.M. Bhangde, Advocate, S.U. Ghurde, Advocate, S.B. Bissa, Advocate

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

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