Back
BHARATI H. DANGRE
Madhav – Appellant
Versus
Secretary, Banjara Jan-jagruti Mandal – Respondent
JUDGMENT
1. The three writ petitions are filed by three distinct employees, being aggrieved by the Judgment and Order passed by the School Tribunal, permitting the management to conduct a fresh inquiry, though it set aside their termination and directed reinstatement as well as back wages.
2. Since the facts involved in these three writ petitions fall in same conspectus, the three petitions are argued together and disposed off by this common Judgment.
Heard the learned Counsel Shri. Suresh M. Kulkarni for the petitioner in WP No. 5224/2017, learned Counsel Shri. V. D. Salunke for the petitioner in WP No. 4037/2017, learned Advocate Shri. R. J. Godbole for the petitioner in WP No. 5075/2017, learned Counsel Shri. B. L. Sagar-Killarikar for the School Management in all the petitions and the learned Counsel Shri. V. C. Patil holding for Shri. U. B. Bondar for the Education Officer (Primary), Zilla Parishad, Latur, in Writ Petition No. 5075 of 2017. Since the parties expressed consensus to argue the petitions finally, I deem it appropriate to grant Rule. Rule made returnable forthwith. Heard finally with consent of the parties.
3. The brief background would reveal that the petitioners o
Adherence to prescribed procedure and principles of natural justice in conducting inquiries under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and Rules 1....
Non-compliance with the rules governing the enquiry procedure and bias on the part of the Management and the Enquiry Committee led to the vitiation of the entire enquiry against the respondent no.3.
The Tribunal lacks the authority to re-appreciate evidence or modify penalties unless there is a violation of natural justice; the inquiry must be conducted in accordance with the statutory provision....
Point of Law : Termination of service - Misconduct - Proved - Argument regarding failure to give opportunity to the petitioner to examine witnesses, again, the stage of examination of witnesses by th....
The court established that adherence to procedural fairness is critical in disciplinary proceedings, and penalties must be proportionate to the misconduct, especially considering the employee's lengt....
The main legal point established in the judgment is the requirement for compliance with the prescribed procedure under Rules 36 and 37 of the Rules of 1981 in conducting enquiries, and the entitlemen....
The main legal point established is the requirement for fair and just enquiry proceedings in cases of termination, ensuring the principles of natural justice are upheld.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
