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2023 Supreme(Bom) 2181

SANDEEP V. MARNE
Devdas Devram Tamhane – Appellant
Versus
Presiding Officer – Respondent


Advocates appeared:
Rajesh G.Panchal, Advocate, Sarang Gandajwar, Advocate, K.S.Jadhav, Advocate, V.G.Panchal, Advocate, P.P.Pujari, Advocate, S.V.Pitre, Advocate

JUDGMENT/ORDER

1. The Petition is filed by Petitioner challenging judgment and order dtd. 7/5/2008 passed by the Presiding Officer, School Tribunal dismissing Appeal No.12 of 2017 filed by Petitioner challenging termination order dtd. 24/2/2007.

2. Briefly stated, facts of the case are that Petitioner came to be initially appointed on the post of Assistant Teacher in Shri Vidya Prashala on 27/4/1994. On 7/2/1998, he was transferred to the Respondent-School. While serving in the Respondent-School Petitioner was served with statement of allegations dtd. 23/1/2006 under Rule 28(5) of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 (Rules of 1981). Petitioner was called upon to submit written explanation within seven days. By letter dtd. 30/1/2006, Petitioner requested for time to file Reply upto 3/3/2006 by requisitioning certified copy of charges and documents for drafting of Reply. The Management however proceeded to institute an enquiry committee by nominating the convener and award winning teacher and called upon Petitioner to communicate name of his nominee vide letter dtd. 6/2/2006. On 20/2/2006 Petitioner nominated name of Shri R.B. Patil as his

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