( 1 ) THIS petition is filed by the management through Principal and Manager of Shri Sardar Patel High School, Deesa against an order passed by the Tribunal constituted under the Gujarat Secondary Education act, 1972 (hereinafter referred to as the Act) on 24/09/1982, by which the Tribunal was pleased to allow the application filed by the first respondent-Teacher and to direct the management to reinstate the first respondent in service by declaring the order of removal passed against him as illegal, unlawful and violative of the principles of natural justice. The tribunal, however, did not grant backwages to the respondent-Teacher.

( 2, ) TO appreciate the controversy in question, few facts may now be stated : the respondent-Teacher was appointed as a part-time teacher in the School run by Gram Panchayat, Malan, in the year 1975. After the Higher Secondary education Scheme came into force in the year 1976, he was declared supernumerary in the School in which he was serving and pursuant to an order passed by the District Education Officer, he was absorbed in the School run by the petitioner-Management with effect from 2/07/1976. It was the allegation of the petitioners that one Kumari Bharatiben who was serving as teacher-cum-clerk in Primary Section, gave an application to the Managing trustee of the School complaining about the conduct of the first respondent in making improper over tunes to her which was apparently vulger in nature. One such letter said to have been written by the first respondent to Bharatiben is produced on record of the petition at Annexure "a" and looking to the contents of the letter, it is clear that it is highly objectionable. It is averred in the petition that the first respondent had admitted his guilt vide a writing dated 16/01/1980 Annexure "b" to the petition and confessed that he had committed a mistake and tendered his apology. He also stated that considering his financial position as also the interest of his family, he might be pardoned. He assured the management that in future, such incident will not be repeated. The management, however, did not think it proper to condone the act said to have been committed by respondent-Teacher and issued show cause notice on 14/04/1980 Annexure "c" to the petition. Said notice was received by the respondent-Teacher through the Principal of the School on 2/05/1980. Immediately, he replied to the said notice vide a reply dated 7/05/1980 wherein he denied the allegation levelled against him. He stated that before about six months prior to the reply, the principal of the School by calling the first respondent in his office had taken some writing under duress and coercion. However, it was not true and therefore, was not admitted by him. He also stated that the facts stated in the said writing were not correct. It would be highly improper if such writing will be considered for the purpose of terminating his services. Another writing was also sent by the first respondent on 14/11/1980 which is at Annexure "e" to the petition wherein he reiterated his contentions. It appears that the management was not satisfied with the replies and the inquiry was proceeded further. Another writing also came to be executed by the first respondent on 16/12/1980 Annexure "g" to the effect that he was in search of another job and as soon as he would get alternative job, he would leave the School. He further stated that financial condition of his family compelled him to continue with the institution and prayed for one more opportunity so that he could get alternative job. Moreover, he stated that he had committed a mistake and assured the management that it would not be repeated in future.

( 3 ) IN view of the above incident, the services of the first respondent came to be terminated by removing him from service. The order passed by the district Education Officer is at Annexure "h" dated 26/03/1981. After approaching the facts and circumstances of the case as also the evide