JUDGMENT :

Instant appeal is directed against the judgment dated 4th September, 2015 passed by learned Jharkhand Education Tribunal, Ranchi in Case No.16 of 2014 (JET) by which Tribunal has allowed the application of respondent herein and set aside the order dated 23.09.2013 passed by Secretary, St. Xavier’s School, Bokaro Steel City, Bokaro dismissing the appellant Teacher from service with direction to reinstate him with immediate effect along with 50% back wages (salary) for the intervening period i.e. from the date of his discharge till the date of his reinstatement, and respondent will also maintain his seniority and other benefits as provided under the law.

2. The short fact of the case is that respondent herein Krishna Kumar Jha was appointed as an Assistant Teacher in St. Xavier’s School, Bokaro Steel City, Bokaro. The conduct of respondent was not found good as he was found involved in willful disobedience of administrative orders of the school as well as insubordination. As per allegation, on 21.03.2012 only to cause harass to the parents of students of Class V-B, had called a meeting without taking prior permission from the school authority. Number of parents of students have come to attend the said meeting called by the respondent which was noticed by the Vice Principal of Middle School Section. Accordingly, Vice Principal intervened in the matter and requested the parents to leave the school premises as no official meeting was called and asked the respondent to return to the staff room. The incident was intimated to the Principal of school. Then the Principal called explanation from the respondent. The explanation was submitted denying the allegation. Since the Secretary of school was out of station, therefore, on his instruction, the Principal called an emergent meeting of the Managing Committee on 28.03.2012 and informed the Committee about the misconduct of respondent. The earlier incidences of misconduct of the respondents were also discussed in the said meeting and the same was recorded in the minutes of meeting. Thereafter, the Principal vide his letter dated 09.04.2012 put the respondent in suspension and initiated domestic enquiry against him as well as he was restrained to enter the premises of school but he was granted subsistence allowance.

3. During enquiry, after framing of formal charge, respondent filed his statement of defence. The Enquiry Committee found the allegation of charges against the respondent relating to negligence of duty, wasting of time during working hours and willful insubordination and disobedience of lawful and reasonable order of the School Authority stand proved and established.

4. On the basis of report of Enquiry Committee, respondent was discharged from his service with immediate effect and was directed to visit school for settlement of all his dues on 05.11.2013. The respondent was further intimated that his due amount of Rs.5,63,274/- towards final settlement of his account following his discharge from service was credited to his bank account. He was also directed to vacate the school Quarter and complete the other formalities.

5. The respondent thereafter moved the Jharkhand Education Tribunal against the decision of discharge from service from 23.09.2013. The Tribunal disposed of the case No.28 of 2013 on 04.04.2014 holding that the present petition is not maintainable and directed the respondent to prefer an appeal within a period of two weeks from the date of order along with application for condonation of delay and at the same time the appellate authority was directed to condone the delay and disposed of the appeal within two months after giving reasonable opportunity of hearing to the parties.

Thereafter, the respondent preferred an appeal before the appellate authority but the same was dismissed by order dated 06.06.2014 and order of dismissal dated 23.9.2013 was affirmed.

Aggrieved by the appellate order dated 06.06.2014, the respondent again moved the Jharkhand Education