IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR WRIT PETITION NO.3887/2008 Utkranti Mandal & anor ..vs.. P.O.S.T. =================================== CORAM : B. P. DHARMADHIKARI, J. DATE: 6.10.2008 Heard Advocate Gordey for petitioner, Advocate Kothale for respondent no.2 and A.G.P. for respondent no.1 & 3. Though Advocate Gordey has tried to contend that enquiry was not defective, after hearing Advocate Kothale, and Advocate Gorde in this respect, I find that the School Tribunal has found that the charge sheet was not served by competent authority, that State Awardee Teacher himself acted as prosecutor and it also found that common question was put to all prosecution witnesses at a time and chorus answer given by them has been accepted and acted upon as their answer. It is therefore, obvious that the enquiry is vitiated. In the alternative Advocate Gordey argued that in that event the matter should be remanded back for enabling the management to conduct fresh enquiry within statutory period as per provisions of Rule 36 and 37 of the M.E.P.S. Rules. Advocate Kothale points out that respondent no.2 was not under suspension during enquiry. In these circumstances the management is permitted to conduct fresh enquiry against respondent no.2 in accordance with law and to complete it within statutory period after respondent is reinstated back in service and subject to its paying an amount of Rs.50000/- to respondent no.2 as ex-gratia payment. His entitlement to receive salary from 1.9.2001 onwards shall depend upon the result of the departmental enquiry. Advocate Kothale states that amount of Rs.50,000/- is too less and minimum 50% of the arrears of salary for the said period should be directed to be paid. Considering the nature of charges this argument is rejected. However, even if the result of the departmental enquiry is adverse to him, said amount of Rs.50000/- shall not be recoverable from petitioner During the pendency of enquiry respondent no.2 shall be reinstated and shall be earning his salary regularly. Writ Petition is partly allowed. However, in the circumstances of the case, there shall be no order as to costs. JUDGE smp.