Case Note & Summary
The petitioners, Shri Shriprakash Chandmal Bora and Mr. Anil Mhatarba Viswhwasrao, challenged orders passed by the Presiding Officer of the School Tribunal under Section 13 of the Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 (M.E.P.S. Act). The Tribunal had directed them to appear for framing charges and rejected their application for discharge, invoking Chapter 21 of the Code of Criminal Procedure (Cr.P.C.) and issuing notices for punishment for non-compliance of a previous Tribunal order. The background was that the respondent's appeal against termination had been allowed on 07/08/2009, and on 14/09/2009, the respondent filed a miscellaneous application under Section 13 alleging failure to implement the order. On 23/02/2010, the Tribunal found the petitioners guilty of contempt and decided to record their plea. The key legal issue was whether the Presiding Officer of the School Tribunal, without being specifically empowered as a Judicial Magistrate First Class (J.M.F.C.), could exercise the powers under Section 13 of the M.E.P.S. Act. The court noted that Section 13 provides for punishment for non-compliance, but such proceedings must be conducted in accordance with the Cr.P.C., which requires the officer to be a J.M.F.C. or have that additional work allocated. Since there was nothing on record to show that the Presiding Officer was notified as a J.M.F.C. or allocated that work, the court held that the Tribunal lacked jurisdiction. The court quashed the impugned orders and allowed the writ petition, setting aside the proceedings under Section 13.
Headnote
A) School Law - Jurisdiction of School Tribunal - Contempt Powers - Section 13 of Maharashtra Employees of Private Schools (Conditions of Services) Regulation Act, 1977 - The Presiding Officer of the School Tribunal cannot exercise powers under Section 13 of the M.E.P.S. Act to punish for non-compliance unless he is also notified as a Judicial Magistrate First Class and allocated that work. The Tribunal's order directing the petitioners to appear for framing charges and rejecting discharge was quashed as without jurisdiction. (Paras 3-5)
Issue of Consideration
Whether the Presiding Officer of the School Tribunal, without being notified as a Judicial Magistrate First Class, can invoke Section 13 of the M.E.P.S. Act and issue notices for punishment for non-compliance of its orders.
Final Decision
The impugned orders passed under Section 13 of the M.E.P.S. Act by the Presiding Officer, School Tribunal are quashed and set aside. The writ petition is allowed. Rule made absolute.
Law Points
- School Tribunal Presiding Officer cannot exercise powers of Judicial Magistrate First Class unless specifically notified
- Section 13 M.E.P.S. Act requires compliance with Cr.P.C. Chapter 21 only if officer is also J.M.F.C.
