bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6942 OF 2007 PETITION NO. 6942 OF 2007 PETITION NO. 6942 OF 2007 Shreerang Education Society & ors. ... Petitioners V/s Smt. Naseem Nazir Naikwadi & ors. ... Respondents Mr. Ambar A. Joshi for the petitioners. Mr. Laney D’Souza with M.V.Parkar for the Resp.No.1. Mr. R.S.Apte for the Resp. No.2. Mr. Y.D.Mulani, A.G.P. for the Resp.No.3. CORAM: CORAM: CORAM: SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. SMT. NISHITA MHATRE, J. DATED: DATED: DATED: 18TH OCTOBER, 2007. 18TH OCTOBER, 2007. 18TH OCTOBER, 2007. P.C. P.C. P.C.: 1. The petition challenges the order of the School Tribunal in which it has concluded that the enquiry held against the respondent No.1 was illegal. The School Tribunal has concluded that the provisions of the M.E.P.S. Act and the Rules framed thereunder have been violated as no charge-sheet is issued to the respondent No.1. The enquiry committee which was constituted was also defective as it was not constituted in accordance with the M.E.P.S. Act and Rules. In such 2 circumstances, the Tribunal has allowed the appeal. 2. Mr. Joshi appearing for the petitioners submits that the petitioners are willing to reinstate the respondent No.1, without handing over the charge of the Head Mistress to her. He states that the petitioners will also pay salary to the respondent No.1 from 14.2.2007 till the date of reinstatement of a head mistress. He further states that the petitioners will hold a fresh enquiry in accordance with law after issuing a charge-sheet to the respondent No.1. He submits that the petitioners will pay the salary of the respondent No.1 through their own coffers, without any expectation of the salary for the respondent No.1 from the State. 3. In these circumstances, the petition is disposed of in the following manner:- (i) The petitioners will reinstate the respondent No.1 and pay her the back wages from 14.2.2007 till the date of reinstatement of a head mistress. (ii) The petitioners will hold an enquiry in accordance with law after issuing a 3 charge-sheet to the 1st respondent. (iii) The enquiry will be completed within the period stipulated under the M.E.P.S. Act and Rules framed thereunder. (iv) The 1st respondent will cooperate with the petitioners and not seek unnecessary adjournments during the enquiry. (v) The petitioners will pay the salary of a head mistress to the 1st respondent during the pendency of the enquiry and till the action is taken against the 1st respondent in accordance with law. (vi) The petitioners will not demand reimbursement of the salary on account of the payment made to the 1st respondent from 14.2.2007 till action is taken against respondent No.1 in accordance with law. 4. Petition disposed of accordingly. .....