1 WP NO.9287/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.9287 OF 2010. 1) Stree Shikshan Sanstha, A registered Public Trust, Sakri Road, at Post Dhule, Dist. Dhule. 2) The President, Stree Shikshan Sanstha, Sakri Road, at Post Dhule, Dist. Dhule. 3) The Secretary, Stree Shikshan Sanstha, Sakri Road, at Post Dhule, Dist. Dhule. .. PETITIONERS. VERSUS 1) Tushar s/o Shantaram Pandit, age 44 years, Occu. Nil, r/o Plot No.17-B, Shivshankar Colony, Chittod Road, at Post Dhule, Dist. Dhule. 2) The Education Officer (Secondary), Zilla Parishad, Dhule. .. RESPONDENTS. ... Shri V.D. Sapkal, Advocate for Petitioners. Smt. A.N. Ansari, Advocate for R.No.1. Smt. V.A. Shinde, A.G.P. for R.No.2. ... 2 WP NO.9287/2010 CORAM : S.S. SHINDE,J. 1st December, 2010. PER COURT: 1] Rule. Rule made returnable forthwith. Heard by consent. 2] By way of present petition, the petitioners have challenged the order passed by the Presiding Officer, School Tribunal Nasik, dated 26th August, 2010 vide which the appeal filed by the respondent No.1 came to be allowed. The respondent No.1 had filed the said appeal challenging his termination dated 24th February, 2005. 3] Though the learned counsel have addressed the court on the merits of the matter, since it was noticed that the appeal has been basically allowed on the ground that the members of the managing Committee of petitioners - institution had attended the meetings of the enquiry committee and also participated in the 3 WP NO.9287/2010 enquiry and further the members of the managing committee of petitioners – institution had demonstrated bias as well as interest. The enquiry was unfair and, therefore, whole enquiry stands vitiated. The learned counsel for the parties agree that instead of keeping the matter pending before this court, it would be in the interest of justice that the enquiry is conducted afresh in which the respondent No.1 employee can have a fair opportunity to present his case. The learned Counsel for the petitioners also makes a statement that the respondent No.1 will be paid the subsistence allowance as per law. 4] The Apex Court in the matter of State of Punjab Vs. Dr. Harbhan Singh Greasy reported in (1996) 9 SCC 322, has observed thus :- "It is now a well-settled law that when the enquiry was found to be faulty, it would not be proper to direct reinstatement with consequential benefits. Matter requires to be 4 WP NO.9287/2010 remitted to the disciplinary authority to follow the procedure from the stage at which the fault was pointed out and to take action according to law. Pending enquiry, the delinquent must be deemed to be under suspension." Similar view has been taken by the learned Single Judge of this Court in the matter of Adarsh Vidya Mandir Trust and another Vs. Awadesh Narayan Komal Singh and others reported in 2005(1) Bom.C.R. 786. In that view of the matter, the following order :- I] The impugned order of the learned School Tribunal dated 26th August, 2010, so also the order of termination dated 24th February, 2005 shall stand quashed and set aside. II] The matter is remitted back to the Enquiry Committee for considering the matter afresh from the stage subsequent to filing of charge sheet. The learned counsel for the 5 WP NO.9287/2010 petitioners makes a statement that the members of the managing committee of the trust or any other person, who is not related to the enquiry, will not attend the enquiry committee and the enquiry will be conducted in fair manner. The respondent No.1 would also be at liberty to appoint her representative on the said Enquiry Committee. III] The Enquiry Committee shall conduct its proceeding within a period of 4 months from today. The respondent NO.1 shall cooperate with the Enquiry Proceedings. Since the order of termination is set aside, the respondent NO.1 would be deemed to be under suspension from the date of his termination and he would be paid the subsistence allowance in accordance with law from the date of termination till the conclusion of the Enquiry Proceedings. Rule made absolute in above terms. There shall be no orders as to costs. [ S.S. SHINDE ] JUDGE. PLK/*