1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4568 OF 2009 The President, Shri. Vadjaidevi Education Trust. ..Petitioner. Vs. Mr.Ashok Shamrao Londhe. ..Respondent. Mr.A.H.Fatangare for the petitioner. Mr.S.A.Rajeshirke for the Respondent No.1. CORAM :R.S.MOHITE, J. DATE : 4TH NOVEMBER,2009 P.C. 1 This is a petition filed by the Management impugning a judgment and order passed by the School Tribunal, Kolhapur declaring notice of termination dated 28.9.2006 as illegal and giving a direction to reinstate the appellant with full back wages and continuity in service with effect from 22.9.2006. On perusal of the impugned judgment and order, it appears that cogent reasons are given for holding that enquiry was not just and proper as certain vital documents were not delivered along 2 with the list of documents to the appellant. It is an admitted position that the summary of the proceeding was also not furnished to the employee as required under Rule-37(4) of M.E.P.S. Rules, 1981. In my view, non supply of such summary of proceeding would deprive the employee from filing his explanation under Rule 37(5) and further proceedings under Rule-37(6) which has been held to be mandatory by the Apex Court in the case of Vidya Vikas Mandal and anr. Vs. Education Officer and another reported in (2007) 11 S.C.C. 352 and which contemplates that enquiry report should be furnished within 10 days after the explanation is received or no explanation is offered. Whole scheme of Rule 37(5) and (6) indicates that non supply of summary of the proceeding is fatal to the enquiry. Since this is admittedly not furnished, in my view, this petition is not required to be entertained. Petition is therefore, summarily dismissed. (R.S.MOHITE, J.)