( 1 ) BY way of this petition under Arts. 226 and 227 of the Constitution of india, the petitioner Kandla Port Trust has challenged the judgment and order dated 23. 9. 1996 passed by the Second Gujarat Secondary Education Tribunal setting aside the order dated 13/14. 12. 1976 removing Respondent No. 1, Shri K. R. Chauhan from service.

( 2 ) BRIEF facts giving rise to the present Special Civil Application are that Bharatiya vidya Mandir, New Kandla is a registered private school run by Kandla Port Trust, gandhidham which is a public trust. The respondent Shri K. R. Chauhan was appointed as assistant Teacher on a probation for a period of two years with effect from 17. 11. 1969. While he was still under probation on 23. 4. 1971, the Disciplinary authority, namely, the secretary, Kandla Port Trust, served a memorandum dated 23. 4. 1971 informing him of proposed inquiry under Regulation 12 of the Kandla Port Employees (Classification, control and Appeal) Regulations, 1964. The allegations on which the enquiry was proposed to be held were set out in the statement of allegations enclosed with the said memorandum. It is alleged that the respondent while functioning as Ass