PROGRESSIVE EDUCATION SOCIETY SHIVAJINAGAR Vs. DILIPSINGH GULABSINGH PARDESHI SHITOLENAGAR

JUDGEMENT

(1.) Rule in both the Petitions. Rule is made restorable forthwith. With the consent of the learned counsel appearing for parties, the Petitions are taken up for hearing and disposal.

(2.) These are cross Petitions filed by the Management and by the Teacher challenging judgment and order dtd. 30/8/2021 passed by the learned Presiding Officer, School Tribunal, Pune, partly allowing Appeal No.44 of 2009 filed by the Teacher and setting aside termination order dtd. 12/10/2009. The Tribunal has granted liberty to the Management to hold the de novo inquiry from the stage of formation of Inquiry Committee. The Tribunal has further directed payment of provisional pension from the date of superannuation of the Teacher (31/7/2013) till decision of the de novo inquiry. The entitlement of the Teacher in respect of backwages is held to be subject to the outcome of the de novo inquiry. The Management is aggrieved by the Tribunal setting aside termination order dtd. 12/10/2009 and has accordingly filed Writ Petition No.8687 of 2021. On the other hand, the Teacher is aggrieved by the order of the School Tribunal to the limited extent of granting liberty to the Management to hold de novo inquiry and to make payment of backwages, pension and other retiral benefits subject to the outcome of de novo inquiry. Since both Petitions arise out of the same order passed by the School Tribunal, they are taken up for analogous hearing and decision.

(3.) Progressive Education Society (Management) runs and operates schools and colleges. Mr. Dilipsingh Gulabsingh Pardeshi (Teacher) was appointed as Assistant Teacher in Modern High School, Shivajinagar, Pune. On 1/5/1986, the Teacher was promoted to the position of Headmaster. In the year 1992, the Teacher was also appointed as Life Member of the Management Trust. On 1/2/1994, the Business Council of the Management appointed the Teacher to the post of Deputy Secretary. Between 2004 and July 2008, the Teacher was also assigned the post of Secretary of the Business Council. On 18/7/2008, a resolution was passed by Board of Life Members recommending cancellation of life membership of the Teacher and his removal from the post of Secretary of the Business Council. A resolution to that effect was also passed on 19/7/2008. On 25/8/2008, a Fact-Finding Committee was constituted comprising of five members, which submitted its report on 17/9/2008 holding that the Teacher was found guilty of misconduct, moral turpitude and negligence of duty. Based on the report of the Fact-Finding Committee, the Business Council of Management passed a resolution to initiate inquiry against the Teacher. On 18/10/2008, approval was sought from Deputy Director of Education for suspension of the Teacher during pendency of the inquiry. On 23/10/2008, the Teacher was placed under suspension. On 17/12/2008, a charge-sheet was served on the Teacher levelling 9 charges. The Teacher raised objection about impartiality of the Inquiry Committee on 18/3/2009 when the inquiry was already underway. The objection was rejected by the Inquiry Committee on 20/3/2009. The Teacher preferred Writ Petition No.3426 of 2009 challenging the decision of Inquiry Committee dtd. 20/3/2009. The Petition came to be withdrawn on 1/4/2009. On 10/10/2009, Inquiry Committee submitted its report. Based on the report of the Inquiry Committee, the Teacher was terminated by order dtd. 12/10/2009.