1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 02 OF 2010 IN WRIT PETITION NO. 4738 OF 2009 Bahuddeshiya Adiwasi Vidya Vikas Mandal Dhule, through its Chairman and others .. .. Appellants Versus 1. Kiran S/o Bhimrao Sonawane and others .. .. Respondents Shri V. D. Sapkal, Advocate for the Appellants. Shri. P. R. Patil, Advocate for the Respondent No. 1. CORAM : A. P. DESHPANDE & N. D. DESHPANDE, JJ. DATE : 08TH JANUARY, 2010. ORAL ORDER [ PER A. P. DESHPANDE, J. ] : 1. Heard. An interim order passed by the learned Single Judge refusing to stay the order passed by the Commissioner directing reinstatement of the respondent as an assistant teacher in the school is challenged by this letters patent appeal. 3. After going through the record it is seen that, the respondent is a trained teacher and was initially appointed as Shikshan Sevak. It is also seen that after completion of probation period, he was absorbed 2 in regular scale of pay. There is dispute in regard to past service of the respondent, however, fact remains that the respondent is in service from June 2002. The respondent was on medical leave for a period from 16.08.2007 to 16.10.2007. The respondent had also submitted a certificate issued by the Medical Superintendent of Rural Medical Hospital indicating that the respondent was ill during the said period and was thereafter declared fit to resume. Dissatisfied with the absence of the respondent, the petitioner management issued a show cause notice attributing an act of misconduct by the respondent in remaining absent. 4. It is the case of the petitioner/appellant that as the respondent did not reply to the show cause notice, no further inquiry was contemplated in the facts of present case. Being of that view, the petitioner terminated the services of the petitioner on the ground of absentism for the above referred period. Aggrieved by the termination, the respondent/employee preferred an appeal under the Ashram School Code, before the Commissioner. Ashram School Code deals with imposition of minor and major penalties on the employee. Punishment of termination, removal and dismissal finds place in major penalties. A procedure is prescribed for conducting an inquiry touching an act of misconduct which warrants imposition of major punishment. 5. It is an admitted position in the present case that no inquiry whatsoever was conducted, muchless in adherence to the Rules. The provisions of Ashram School are binding on the management and the employees. The manner of conducting of inquiry and the 3 opportunity sought to be extended to the employee finds place in Schedule XVIII of Ashram School Code. Briefly stated, the inquiry postulates service of statement of allegations on the employee and constitution of inquiry committee comprising of representative of the management, nominee of the employee and a State/National awardee teacher. It can be thus seen that an impartial inquiry committee is vested with the authority to take a decision in regard to imposition of punishment. It is reiterated that in the present case, there has been no inquiry whatsoever conducted, muchless as contemplated under the rules. 6. In that view of the matter, we see no reason to interfere with the order passed by the learned Single Judge which declines stay of reinstatement. The commissioner had passed the order on 06.05.2009 and we are informed that till date the employee has not been reinstated. For the reasons stated hereinabove there being no merit in the letters patent appeal, the same stands dismissed. [ N. D. DESHPANDE, J.] [ A. P. DESHPANDE, J.] bsb/Jan. 2010