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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE AMIT BORKAR
Abhyudaya Dnyanvardhini Sanstha – Appellant
Versus
Chandrakant Shrirang Gaikar – Respondent
JUDGMENT :
1. This Petition, instituted under Article 227 of the Constitution of India, assails the judgment and order dated 2 August 2019 rendered by the learned Presiding Officer, School Tribunal, Mumbai in Appeal No.7 of 2018. By the impugned decision, the Tribunal was pleased to allow the Appeal instituted by Respondent No.1, thereby setting aside the order of termination dated 23 February 2018 (effective from 24 February 2018).
2. The facts and circumstances giving rise to the present Petition, briefly stated, are as follows:
(i) According to the Petitioners, Respondent No.1 has been serving as an Assistant Teacher in the institution since 14 June 1999. It is their case that from 21 January 2000 until 13 May 2013, several memoranda were issued to Respondent No.1 to caution him about his alleged misconduct, inappropriate behavior, and failure to adhere to the discipline expected of a teacher. It is further asserted that the Annual Confidential Reports (ACRs) of Respondent No.1 from 2007 to 2013 contained adverse remarks, indicative of repeated lapses. Despite such adverse reports, the Petitioners extended salary increments and other emoluments to Respondent No.1, abiding by the re
The inquiry against the employee was invalidated due to bias, emphasizing the necessity of impartiality and the burden on the employer to prove non-employment for back wages.
Under Article 227, High Court cannot interfere with school tribunal's setting aside of prejudiced disciplinary inquiry where findings mismatch framed charges, absent perversity or natural justice vio....
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....
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.
Tribunal has exceeded its jurisdiction by setting aside the dismissal order of the respondent No.1 in view of the charges, which were proved against him.
The main legal point established in the judgment is the violation of employee rights under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the rules fra....
Point of Law : Needless to say, the inquiry report is subject to consideration by the disciplinary authority who is required to pass a reasoned and speaking order after giving a copy of the same to t....
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