:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 989 OF 2009 WRIT PETITION NO. 989 OF 2009 WRIT PETITION NO. 989 OF 2009 Dindayal High School, Lalthane, Tal: Palghar, Dist: Thane, through Head Master Ms. Janhavi Suresh Patil & Anr. ..Petitioners versus Sudhir Balkrishna Mali & Ors. ..Respondents Mr. K. N. Kore for the Petitioner. Mr. Mandar Limaye for the Respondent No.1. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 3RD MARCH, 2009 DATE : 3RD MARCH, 2009 DATE : 3RD MARCH, 2009 P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. The petitioner has challenged the Order of the School Tribunal directing reinstatement of the Respondent No. 1 with back wages. 3. The main reason why the learned School Tribunal has directed to set aside the termination and has directed as above as the petitioner did not held any enquiry and yet proceeded to terminate the services of the respondent No.1 on the ground of :2: misconduct vide paragraph 7 of the Judgment of the School Tribunal. The Judgment of the School Tribunal cannot be faulted with. 4. Mr. Kore submitted that the petitioner serves a tribal area and therefore the Tribunal ought to have directed payment of compensation instead of reinstatement with back wages. It is not possible to accept this submission since the termination of services on account of misconduct must be preceded by an enquiry. There is no merit in this petition, which is hereby dismissed. (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)