IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5930 OF 2008 Rayat Shikshan Sanstha ..Petitioner. Vs. Mohan Vithoba Pawar and others ..Respondents. .... Mr. Milind Deshmukh for the Petitioner. Mr. Sunil D. Dighe for Respondent No.1. Mrs. S.S. Bhende, AGP for Respondents 2 to 5. .... CORAM: DR. D.Y. CHANDRACHUD, J. 1st December, 2008. P.C. : 1. The School Tribunal by its judgment dated 18th April, 2008 has set aside an order passed by the Petitioner on 27th June, 1997 by which the First Respondent was reduced in rank from the post of Headmaster to the post of Assistant Headmaster. The Tribunal has observed that the order of reduction in rank was unsustainable inasmuch as no disciplinary proceedings were held and the order operates as a punishment. 2. During the course of the hearing, Counsel appearing for the Petitioner has stated that the Petitioner will comply with the order passed by the Tribunal directing the continuance of the First Respondent in the post of Headmaster reserving the right to hold a disciplinary proceeding to establish the charge that the First Respondent did not have the requisite experience but had fabricated a bogus record. It is undoubtedly open to the management to hold a disciplinary enquiry to establish the charge of misconduct and should such an enquiry be held, all the rights and contentions of the parties are kept open. Since the Petitioner has agreed to abide by the order of the Tribunal setting aside the reduction in rank subject to the right of the management to hold a disciplinary enquiry, nothing further remains in these proceedings save and except to clarify that the management would be at liberty to hold a disciplinary enquiry in accordance with law. Counsel appearing for the Petitioner has stated that consequent upon the Petitioner agreeing to continue the First Respondent in the post of Headmaster, the First Respondent shall be paid the prescribed salary in accordance with law. The Petition is accordingly disposed of. *****