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2023 Supreme(Bom) 364

N. J. JAMADAR
Trustees of Swati Education Trusts Smt. J. B. Khot High School – Appellant
Versus
Meenaxi Prasade – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pankaj M. Patel.
For the Respondent: Mr. B.S. Nayak, Mr. S.B. Gore, AGP.

JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally.

2. By this Petition under Article 226 of the Constitution of India, the Petitioner takes exception to the judgment and order dated 29th June, 2020, passed by the learned Presiding Officer, School Tribunal, Mumbai, in Appeal No. 28 of 2019, whereby and whereunder the Appeal preferred by the respondent No. 1 came to be allowed by setting aside the order of dismissal from service dated 14th September, 2019 with direction to reinstate the respondent No. 1 and pay backwages to the extent of 60%.

3. Shorn of superfluities, background facts necessary for the determination of this Petition can be stated as under:-

    (a) Swati Education Trust, the petitioner, is a trust duly registered under the Maharashtra Public Trust Act, 1950. The petitioner - Trust runs, inter alia, Smt. J. B. Khot High School, a recognized school. The respondent No. 1 was appointed as an Assistant Teacher in the said school.

(b) Alleging that the respondent No. 1 was indulging in delinquent activities, during the period of 2016 and 2017, two separate memos were served on the respondent No. 1. By an order dated 7th February, 2017, respondent No. 1 was place

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