(1.) This Reference has been made on account of conflict of views expressed by the Division Benches of this Court regarding the powers of the School Tribunal constituted under the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (hereinafter referred to as "Act"/"MEPS ACT" for short).
(2.) In Writ Petition filed by the Children's Education Uplift Society against Shri Narayan H. Sukhaja bearing W.P.No.463 of 1983, decided on 12.8.1987 (unreported), the Division Bench has taken the view, that it is open for the School Management to lead evidence before the School Tribunal to prove misconduct of the employee, in the following words:
(3.) The appellant was a permanent teacher working in Shukracharya Vidyalaya, Miregaon run by respondent no.1. On 15.12.1998 there was a gathering of the students in the School. During the night the appellant after knocking the door of the house, where one of the students; who was a member of the Scheduled Caste was staying with her married sister, forced entry in the house and committed rape on her. The appellant succeeded in rescuing himself although he was chased by some students. On the same night report was lodged against the appellant under Section 376 of the Indian Penal Code and thereafter in the course of investigation several statements were recorded which disclosed the involvement of the appellant in the offence of rape on his students. Several parents of the girl students from the village made representation to the school authorities to take immediate action and threatened agitation against the Management if no action was taken. The incident was widely published. The management took cognizance of this fact and came to the conclusion that it was impossible to conduct a regular departmental enquiry against the appellant and, therefore, the management decided to terminate the services of the appellant and accordingly terminated the services of the appellant with effect from 11.1.1999.