1 wp-5277-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION W.P. NO. 5277 OF 2009 Pratibha Rajan Belapurkar ..Petitioner Vs. The Principal Tatyasaheb Tendulkar Jr.College of Arts and Commerce for Girls Kolhapur and Ors. ..Respondents .... Mr.R.N.Kachare Adv. for Petitioner Mr.A.B.Borkar Adv. for Respondent No.1 .... CORAM : SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 5, 2009 P.C.: 1. Heard the learned counsel for the petitioner-original complainant and the learned counsel for the respondent no.1-Educational Institution. 2. The petitioner was working as a Laboratory Assistant in respondent no. 1 Junior College since 1.11.1980. It is her case that in 1996 when she 2 wp-5277-09 was a Laboratory Assistant, she was also assigned work relating to the accounts of the school which was clerical in nature. As the work was clerical in nature, she raised a demand that she be appointed on the post of Junior Clerk. It is her case that Deputy Director of Education had also passed order in her favour that she be appointed as Junior Clerk. Hence, she filed a civil suit before the Court of Civil Judge S.D. Kolhapur claiming for absorption on the post of Junior Clerk. The learned counsel for the Petitioner submitted that dispute arose between the Management and the Petitioner as she was not appointed as Junior Clerk and on account of this dispute, false allegations were made against the Petitioner and she came to be terminated from service from 27.6.2000. Thereafter, she preferred appeal before the School Tribunal Kolhapur. By order dated 28.2.2008 the appeal came to be dismissed, hence, this petition. 3. The case of the Respondent college is that on account of her misconduct, the Petitioner came to be terminated from service after following due procedure i.e. after issuing charge sheet and after holding departmental enquiry etc. The charges levelled against the Petitioner are clear and specific. Charges are that of misappropriation, absence without leave, negligence in duty, submitting bogus certificate to the credit societies and banks to obtain loans and defamation of the institution. She was found guilty of misappropriation, unauthorized 3 wp-5277-09 absence, negligence in duty and obtaining loans by dishonest means. As far as the inquiry is concerned, it is seen that full opportunity to defend herself was given to the Petitioner. All relevant documents were supplied to her to defend her case. She was allowed to lead oral as well as documentary evidence on her behalf and she was also allowed to cross examine the Management witnesses. Thus, all principles of natural justice were followed while conducting the domestic enquiry. After conducting the enquiry, Petitioner was found guilty of serious charges including that of misappropriation and dishonestly obtaining loans, therefore, she was terminated from service. 4. From the material on record, it is evident the petitioner used letter head of the Institution and put forged signature on it to obtain loan from Indian Bank and Mahakali Co-operative Society Kolhapur. She has also used bogus salary certificate to obtain the loan. As far as misappropriation is concerned, the material on record shows that the Petitioner collected examination fees from students of 12th Standard and kept the amount of Rs.24,585/- with her without depositing it with the Head Master. She has also collected Rs.1200/- from students towards building funds unauthorizedly and she did not deposit the same with the Head Master. Moreover, the material shows that the petitioner was absent from duty from 6.10.1999 to 27.6.2000 without prior permission. The School Tribunal has carefully considered all the 4 wp-5277-09 aspects of the matter and has thereafter dismissed the appeal. 5. Looking to the material on record, no case is made out for interference. Writ Petition is dismissed. [ SMT.V.K.TAHILRAMANI,J.]