1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4048 OF 2008 (Uruj-E- Urdu Education Society & Ors. vs. Firoz Khan Musa Khan & Ors. ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 21, 2008. Heard Shri Sudame, learned counsel for the petitioners, Shri Thakre, learned counsel for respondent No.1 and Shri Naik, learned counsel for respondent No.2. The School Tribunal has found that absolutely no evidence of any prosecution witness/ management witness was recorded and as such there is no material against the delinquent employee. Shri Sudame, learned counsel for the petitioners states that the delinquent did not participate in the enquiry and on the other hand tried to disturb its conduct by using force and hence police complaint was also required to be filed. The finding of School Tribunal that the management did not record either evidence in chief or cross examination of any of its witness, is not shown to be erroneous or perverse. The only 2 argument is that School Tribunal has found enquiry to be vitiated as charge sheet has been issued by the person, who was then Secretary of the Society and not its President. Shri Sudame, learned counsel contends that if change report is accepted, it relates back to the date on which change has taken place and in that case, the Secretary will become President on the date of change and i.e. also the date on which charge sheet was issued. Shri Thakare, learned counsel states that even today, the said person continues as the Secretary. The School Tribunal has also found that the decision to conduct enquiry has been taken after one year, enquiry has not been conducted in proper manner and principles of natural justice were not followed and the manner in which the enquiry has been proceeded is also described by the School Tribunal in para 25 of its judgment. With the assistance of Shri Sudame, learned counsel, I have also perused the enquiry proceedings as shown by Shri Sudame from page No. 94 onwards. I am satisfied that the defects pointed out by the School Tribunal are established on record and 3 said findings are neither shown to be erroneous nor perverse. No case is made out warranting any interference in writ jurisdiction. Writ Petition is dismissed. No order as to costs. JUDGE *GS.