JUDGMENT :

A.Y. KOGJE, J.

1. This petition under Article 227 of the Constitution of India is filed against oral judgment dated 18/19.07.2006 by the Gujarat Secondary Education Tribunal, Ahmedabad in Application No. 216 of 2004.

2. Though the petition is styled to be petition under Articles 226 /227 of the Constitution of India, learned Advocate for the respondent has raised a preliminary contention that the petition being against oral judgment of the Education Tribunal, the same would be maintainable only under Article 227 of the Constitution of India and therefore, examination of the impugned oral judgment will have to be in a restricted manner.

3. Learned Advocate for the petitioner submitted that though the order of removal from service is passed by the management after carrying out departmental inquiry by the Inquiry Committee constituted under the provisions of the Gujarat Secondary Education Act, however, the petitioner had objected to inclusion of one of the constituent members, viz. Mr. Navnit Parikh, as according to the petitioner, the said committee member had an axe to grind and on earlier point of time, had filed complaint with the Police Station anticipating disturbance of