JUDGMENT :

(1.) Heard learned advocate Mr.K.B.Pujara for the petitioner, learned advocate Mr.Harmish K. Shah for the respondent No.1 and learned Assistant Government Pleader Mr.K.M.Antani for the respondent Nos.3 and 4 through video conference.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for the following reliefs :

"(a) To quash and set aside the impugned judgment and order dated 12-9-2006 passed by the learned Gujarat Higher Secondary School Services Tribunal in Application No.4/2004 as per Annexure-Z/6;

(b) To quash and set aside the impugned order of punishment of removal from service dated 31-12-2003 passed by the respondent school as per Annexure-Z/3;

(c) To quash and set aside the impugned order of approval dated 24-12-2003 passed by the respondent no.3 as per Annexure-Z/2;

(d) To direct reinstatement of the petitioner in service with all the consequential benefits as if the impugned orders were never passed;

(e) PENDING THE HEARING AND FINAL DISPOSAL OF THIS PETITION, BE PLEASED to stay the further operation of the impugned orders dated 24-12-2003 as per Annexure- Z/2 and the impugned order dated 31-12-2003 as per Annexure-Z/3 and the impugned judgment and order dated 12-9-2006 as per AnnexureZ/6;

(f) To grant any other appropriate and just relief/s;"

(3.) The brief facts of the case are as under :

3.1. The petitioner was having a degree of M.A. B.Ed with Sanskrit and Gujarati subjects. The petitioner was duly selected and appointed as Assistant Teacher in the Higher Secondary Section of Sheth K.T.High School, Khedbrahma run by the respondent No.1 with effect from 1st July, 1993.

3.2. In the year 2001-2002, when the petitioner was teaching in Standards XI and XII in the respondent-School, he had an occasion to scold one student namely Hiral Rashmikant Trivedi in Standard XII-D with regard to her improper conduct.

3.3 .It is the case of the petitioner that the said Hiral Trivedi was annoyed on the petitioner and as the family of the said student and the petitioner were belonging to the same caste, the father of the said student Mr.Rashmikant Amratlal Trivedi insisted that the petitioner should marry with his niece to which the petitioner did not agree due to social reasons. It is also the case of the petitioner that the said Rashmikant Trivedi abused the petitioner and attacked him physically in the School at 02:30 PM on 10th December, 2001 for which the petitioner was required to get medical treatment as an outdoor patient at the Referral Hospital and Community Health Centre, Khedbrahma.

3.4. The petitioner thereafter, lodged criminal complaint against both the persons namely Rashmikant Trivedi and the said student on the same day at Khedbrahma Police Station being C.R.No.II-83 of 2001 for offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code. The petitioner also addressed letter dated 11th December, 2001 to the respondent No.1-Trust to provide security and safety to the School employees.

3.5. The father of the student Rashmikant Trivedi also lodged a complaint against the petitioner and his brother at Khedbrahma Police Station being C.R.No.I-117 of 2001 for the offences punishable under Sections 354, 323 and 114 of the Indian Penal Code. The petitioner was however acquitted by the Court after recording a compromise between the parties vide order dated 23.12.2004 with regard to the said complaint.

3.6. Meanwhile, during the interregnum period, due to the complaint filed by the father of the student-Hiral, the respondent-School issued showcause notice dated 17.12.2001 and placed the petitioner under suspension and he was also asked not to enter the School campus.

3.7. The petitioner submitted his reply dated 25th January, 2002 to the show-cause notice. However, the respondent No.4-Commissioner of Schools (Midday Meals and Schools) instructed the School management to take disciplinary action against the petitioner vide letter dated 16th February