JUDGMENT :

1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner- late Shri C.P. Oza, (here-in after referred to as "the petitioner") who is now represented by his legal heirs, has challenged the order dated 23.06.2006 in Application No.69 of 1997 passed by Gujarat Secondary Education Tribunal, Ahmedabad (For short "the Tribunal") whereby the order dated 30.01.1997 passed in Appeal No.28 of 1989 by respondent no.1 - Vijaynagar Education Society is confirmed.

2. The brief facts of the case of the petitioner are as under :

2.1) The petitioner joined the Secondary School as Assistant Teacher in the year 1961. The petitioner was thereafter appointed as Head Master/Principal with respondent no.1 run grant-in-aid school in the year 1978.

2.2) In the year 1984, the petitioner was suspended from the post of Principal/Head Master on the allegation of misconduct vide order dated 31.08.1984 passed by respondent no.1. It was alleged against the petitioner that the petitioner deliberately tried to manipulate the appointment procedure so as to get his daughter Ms. Kailashben C. Oza to be appointed as Assistant Teacher on the reserved vacancy of teachers in respondent no.1 school though reserved category candidates were available. There were also other charges with regard to compelling the students for tuition, not carrying out the instructions given by the management, irregularities in maintaining the accounts, not maintaining the log book, etc.

2.3) On 23.10.1984, Secretary of respondent no.1 issued charge-sheet reiterating the allegations as contained in the show cause notice issued along with the suspension order. Thereafter, the inquiry committee consisting of one person Shri R.H. Vyas was constituted by respondent no.1. The last meeting of the inquiry committee was held on 30.3.1987 and the inquiry was completed by the inquiry committee and thereafter, inquiry report was submitted on 28.02.1989. During the period of inquiry proceedings about 155 meetings were held. The petitioner appointed one Mr. Kunjbihari Barot as his defense assistant. The respondent management examined five witnesses in support of the charges leveled against the petitioner. The petitioner did not examine any one of 36 witnesses, though their names were provided by him.

2.4) As per the inquiry report, the charges leveled against the petitioner were held to be proved. Therefore, on 15.05.1989, second show cause notice was issued to the petitioner along with the inquiry report, calling upon him to show cause as to why he should not be dismissed from service.

2.5) The petitioner requested for supply of the copies of the complaints for the charges leveled against him and thereafter filed reply dated 21.06.1989 to the show cause notice.

2.6) Respondent no.1 on 24.08.1989 decided to dismiss the petitioner and therefore, approached the District Education Officer under section 36(1)(b) of the Gujarat Secondary Education Act, 1972 (For short "the Act, 1972) seeking approval for the proposed action.

2.7) The District Education Officer after considering the material on record and after hearing both the sides by order dated 6.10.1989 declined to grant approval to the proposed action of the respondent management.

2.8) The respondent management therefore, being aggrieved by order of the District Education Officer filed Appeal No.28 of 1989 before the Tribunal. The Tribunal by order dated 5.01.1990 granted interim relief in favour of the respondent no.1 management to the effect that on payment of full salary, the management would be entitled to restrain the petitioner from attending his duties.

2.9) The petitioner thereafter made an application dated 22.10.1996 for voluntary retirement with effect from 31.01.1997. However, the same was rejected by the respondent no.1 management on 3.11.1996.

2.10) On 30.01.1997, the Tribunal allowed the Appeal No.28 of 1989 of the respondent no.1 management and granted approval to dismiss the petitioner from service. The