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2022 Supreme(Bom) 1

MANGESH S. PATIL
Fr. Peter Thamaji Amolik – Appellant
Versus
President, Saint Francis De-Sales Education Society (SFS School) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. S. P. Pandav
For the Respondent: Mr. V.S. Kadam, Mr. K. B. Jadhavar

JUDGMENT :

1. Heard. Rule. The Rule is made returnable forthwith. Learned advocate Mr. Kadam waives service for the respondent Nos. 1 and 2. Learned A.G.P. waives service for the respondent No. 3. At the joint request of the parties the matter is heard finally at the stage of admission.

2. By invoking the jurisdiction of this Court under Article 227 read with Article 226 of the Constitution of India the petitioner is challenging the judgment and order passed by the School Tribunal, Aurangabad dismissing his Appeal No. 10/2013 preferred under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, (hereinafter ‘the MEPS Act’) dated 14.08.2014 against the order of his termination issued by the respondent Nos. 1 and 2.

3. The petitioner was appointed by the respondent No. 1 in a school run by the Society on 18.10.2000 as a headmaster by name St. Xavier’s High School Aurangabad. With effect from 01.08.2006 he was transferred to another school being run by the Society by name St. Francis De Sales High School.

4. Having found the petitioner to have engaged in various misconducts, negligence and even moral turpitude, he was put under suspension

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