Case Note & Summary
The petitioner, Abdul Salam Abdul Khalique, a junior college teacher, was terminated from service by the management of Shah Babu Education Society on 28.07.1996 after an enquiry. He filed Appeal No. 116/1996 before the School Tribunal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act (M.E.P.S. Act). The School Tribunal set aside the termination order on the ground that the enquiry was defective and directed the management to conduct a fresh enquiry from the stage of constitution of the Enquiry Committee as per Rule 36(2) of the M.E.P.S. Rules. The Tribunal also directed payment of subsistence allowance from the date of its judgment till completion of the enquiry, leaving the question of reinstatement and backwages to be decided based on the outcome of the fresh enquiry. The employee filed the present writ petition challenging only that part of the Tribunal's order which permitted a fresh enquiry, arguing that the Tribunal should have ordered reinstatement with full backwages. The petitioner relied on the decision in Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) v. State of Maharashtra. The High Court, after hearing both sides, held that the School Tribunal had the discretion to direct a fresh enquiry and that the High Court would not interfere with such an order in writ jurisdiction. The court found no merit in the petition and dismissed it, upholding the Tribunal's order.
Headnote
A) Service Law - Termination of Teacher - Fresh Enquiry - Power of School Tribunal - The School Tribunal set aside termination order and directed fresh enquiry from stage of constitution of Enquiry Committee under Rule 36(2) of M.E.P.S. Rules - Employee challenged direction for fresh enquiry seeking reinstatement and backwages - Held that the Tribunal has discretion to direct fresh enquiry and the High Court would not interfere with such order (Paras 2-3).
Issue of Consideration
Whether the School Tribunal could direct the management to conduct a fresh enquiry from the stage of constitution of Enquiry Committee under Rule 36(2) of the M.E.P.S. Rules instead of ordering reinstatement with full backwages.
Final Decision
The High Court dismissed the writ petition, upholding the School Tribunal's order directing fresh enquiry from the stage of constitution of Enquiry Committee under Rule 36(2) of the M.E.P.S. Rules.
Law Points
- Power of School Tribunal to direct fresh enquiry
- Rule 36(2) of M.E.P.S. Rules
- Scope of interference with Tribunal's order
Case Details
2014 LawText (BOM) (05) 81
Writ Petition No. 1686/2014
Shri M.R.Joharapurkar for Petitioner, Shri Abhijeet Khare for Respondent nos. 1, 2 and 5
Abdul Salam Abdul Khalique
Shah Babu Education Society, The Principal, The Deputy Director of Education, Syed Farooque Syed Yusuf, Sajjad Ahamad Khan, Syed Mohsin Syed Talib (Dead), Ramdas Narayan Murehekar, Umed Singh Bagirath Singh Rajput, Presiding Officer, School Tribunal
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Nature of Litigation
Writ petition challenging the order of the School Tribunal directing fresh enquiry instead of reinstatement with backwages.
Remedy Sought
Petitioner sought setting aside of the direction for fresh enquiry and sought reinstatement with full backwages.
Filing Reason
The School Tribunal set aside termination but directed fresh enquiry; petitioner wanted immediate reinstatement and backwages.
Previous Decisions
School Tribunal in Appeal No. 116/1996 set aside termination order dated 28.07.1996 and directed fresh enquiry from stage of constitution of Enquiry Committee under Rule 36(2) of M.E.P.S. Rules, with subsistence allowance.
Issues
Whether the School Tribunal could direct a fresh enquiry instead of ordering reinstatement with backwages.
Submissions/Arguments
Petitioner argued that the School Tribunal should have ordered reinstatement with full backwages and could not direct fresh enquiry, relying on Kranti Junior Adhyapak Mahavidyalaya (D.Ed.) v. State of Maharashtra.
Ratio Decidendi
The School Tribunal has the discretion to direct a fresh enquiry when the termination order is set aside due to defective enquiry, and the High Court in writ jurisdiction would not interfere with such an order.
Judgment Excerpts
The School Tribunal has set aside the order of termination passed on 28.07.1996 on the basis of the enquiry conducted and has directed the management to conduct a fresh enquiry against the petitioner, from the stage of constitution of Enquiry Committee as per Rule 36(2) of the M.E.P.S. Rules.
Procedural History
Petitioner was terminated on 28.07.1996. He filed Appeal No. 116/1996 before the School Tribunal under Section 9 of M.E.P.S. Act. The Tribunal set aside termination and directed fresh enquiry. Petitioner filed Writ Petition No. 1686/2014 challenging the direction for fresh enquiry.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977: Section 9
- Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981: Rule 36(2)
