-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL NO. APPEAL NO. APPEAL NO.1309 OF 2005 OF 2005 OF 2005 Ambadas Saidu Shinde ...Appellant Vs. Swami Vivekanand Shikshan Sanstha and others ...Respondents Mr.S.S.Shah for the Appellant Mr.P.D.Dalvi for the Respondents. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: MARCH 21,2006. MARCH 21,2006. MARCH 21,2006. P.C.: P.C.: P.C.: 1. Heard Shri Shah for the Appellant and Shri Dalvi for the Respondent No.1. Following substantial questions of law arise : i) Whether the Appellate court committed an error by holding that the order of transfer passed against the Appellant is legal and valid even after recording a finding that the order of transfer was on the ground of misbehaviour and misconduct ? ii) Whether the Appellate Court committed an error by upsetting the decree passed by the Trial court even after recording a finding that the order of transfer was punitive in nature ? iii) Whether the Respondent No.1-Management had a power to pass order of transfer by way of punishment under Rule 41 of the Maharashtra Employees of Private Schools (Conditions of Service) Rule, 1981 ? 2. Second Appeal is admitted on the aforesaid questions of law. Printing is dispensed with. The Appellant is directed to file private paper book within a period of six months. If compliance is not made within stipulated period, the Appeal will stand dismissed for want of prosecution without reference to the Court. Judge. Judge. Judge.