1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8014 OF 2008 Mahatma Gandhi Vidyamandir and another ..Petitioners. Vs. Punjaram Laxman Nikam and others ..Respondents. .... Mr. Anilkumar Patil for the Petitioners. Mr. N.R. Bubna for Respondent No.1. .... CORAM: DR. D.Y. CHANDRACHUD, J. 11th December, 2008. P.C. : 1. Rule, by consent of the learned counsel made returnable forthwith. Counsel appearing for the First Respondent waives service. With the consent of the learned counsel and at their request, the matter is taken up for hearing and final disposal. 2. The First Respondent was employed as a Headmaster in a secondary school and junior college and he was dismissed from service after a disciplinary enquiry. The First Respondent has filed an appeal which is pending before the School Tribunal. The allegation 2 is that on 22nd February, 2004 a flying squad of the Maharashtra State Board of Secondary and Higher Secondary Education, Nashik Divisional Board conducted a raid at the examination center and it was found that the students were indulged in mass copying. The flying squad is alleged to have made a report and a contemporaneous video recording of the event. A charge-sheet was issued to the First Respondent and he was dismissed from service after a disciplinary enquiry. In the appeal which has been filed by the First Respondent before the School Tribunal, the Petitioner moved an application for the issuance of a witness summons for the production of the record pertaining to the raid conducted by the flying squad of the Divisional Board and the report submitted in connection therewith. The application was dismissed by the impugned order of the School Tribunal. 3. Ordinarily, this Court may not have been inclined to interfere with an interlocutory order passed by the School Tribunal in proceedings under Article 226. However, conscious as the Court is of the limitations on the exercise of the jurisdiction, the interference of 3 the Court is warranted at the present stage to ensure that there is no miscarriage of justice. The charge against the First Respondent is of a serious nature which has been found to be established after a disciplinary enquiry. Whether the enquiry was fair and whether the charge has been substantiated are matters for the Tribunal to consider and it would not be appropriate for this Court to express an opinion thereon since the appeal is pending before the Tribunal. There was no reason or justification for the School Tribunal to reject the application for issuance of a witness summons. The issuance of a witness summons was sought for the production of documents relating to the raid conducted by the Divisional Board at the institution where the First Respondent was employed as a Headmaster and the report, if any, made by the flying squad. While rejecting the application, the School Tribunal relied on a letter dated 22nd August, 2008 addressed to the First Respondent by the Information Officer of the Divisional Board in pursuance of an enquiry made under the Right to Information Act, 2005. The letter, a copy of which is annexed to the paper book, only clarifies that a video recording of the incident was no longer available since it had been destroyed. Whether or not any 4 records are available with the Divisional Board is for the Divisional Board to clarify. For that purposes, it will be necessary to issue witness summons as was prayed for before the Tribunal. 4. In the circumstances, the Petition is disposed of with the following directions : i) The impugned orders of the School Tribunal dated 16th September, 2008 are set aside; ii) In terms of the request made before the School Tribunal by the Petitioner, the Tribunal shall issue a witness summons to the Secretary of the Nashik Divisional Board of the Maharashtra State Board of Secondary and Higher Secondary Education for the production of such records as may be available pertaining to the raid conducted by the flying squad of the Divisional Board on 22nd and 23rd February, 2004 at Nutan Vidya Mandir, Surgana, Dist. Nashik. The Secretary of the Divisional Board shall be duly authorized to depute a competent officer subject to his control and supervision for 5 the purpose of producing the relevant record before the School Tribunal; iii) Parties shall appear before the School Tribunal on 18th December, 2008 so as to facilitate the passing of consequential orders by the School Tribunal. iv) The Tribunal is requested to expedite the disposal of the appeal and to endeavour to do so by 30th April, 2009 subject to the exigencies of work. Parties to act on an authenticated copy of this order issued by the office of this Court. *****