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2023 Supreme(Bom) 1521

MILIND N. JADHAV
Namdeo Nemaji Latpate – Appellant
Versus
Chief Executive Officer, Ghatkopar, Mumbai – Respondent


Advocates Appeared:
For the Petitioner: Mr. Prashant Bhavake.
For the Respondents: Mr. Vishwajit N. Sagare, Ms. V.S. Nimbalkar, AGP.

JUDGMENT :

1. Heard Mr. Bhavake, learned Advocate for Petitioner, Mr. Sagare, learned Advocate for Respondent Nos.1 and 2 and Ms. Nimbalkar, learned AGP for Respondent Nos.5 and 6 – State.

2. This Writ Petition challenges the legality and validity of the judgment and order dated 06.03.2007 passed by the Presiding Officer, School Tribunal, Mumbai (for short ‘Tribunal’) in Appeal No.MUM/75/2002 filed under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 (for short ‘MPES Act, 1977’) and Rules, 1981 (for short ‘MPES Rules, 1981’) framed thereunder dismissing Appeal of the Petitioner against the impugned order of his termination dated 19.08.2002 passed by the Respondents.

3. Briefly stated, such of the relevant facts necessary for adjudication of the Writ Petition are as under:-

3.1. Petitioner was appointed as Assistant Teacher in the Private School i.e. Bhimjyoti Vidyalaya (i.e. Respondent No.3) on 13.06.1992. His services were terminated by Respondents namely Respondent No.1 – Chief Executive Officer of Bhimjyoti Vidyalaya on 19.08.2002 on the basis of the findings and enquiry report of the Enquiry Committee with effect from 23.09.2

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