1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 392 OF 2010. Sanjay Bhimrao Dhotre -: versus :- Bahujan Vikas Mandal and others. 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. DATED : JUNE 28, 2010. Heard Shri A.S. Kilor, learned counsel for petitioner, Shri P.S. Patil, learned counsel for respondent nos. 1 and 2 and Mrs. Jachak, learned Counsel for respondent no.3. On earlier occasion the matter was adjourned, as contention of petitioner that member of enquiry committee also acted as convenor was stated to be raised for the first time in the Writ Petition. Shri Patil, learned counsel was therefore given time to argue the matter. The matter was then adjourned to 14.06.2010 and thereafter to today. The facts are not in dispute. Petitioner challenged his dismissal after departmental enquiry in Appeal No. 62/2007 before the School Tribunal at Amravati. One of his contention was Shri R.G. Damre, 2 Treasurer of the Trust came to be appointed as member of the enquiry committee as representative of management and also as convenor. This position is looked into by the School Tribunal while deciding issue no.3 as framed and it has been held that the enquiry does not get vitiated on that account, Shri Kilor, learned counsel has pointed out Division Bench judgment of this Court dated 27.02.2009 in L.P.A.Nos. 403 and 404 of 2008 and other connected matters. Perusal of the said judgment, particularly paragraph no.14 shows that the Division Bench after noticing that provisions of Rule 37[6] of the M.E.P.S. Rules are held to be mandatory, found that a convenor cannot act as member of the enquiry committee. It has been held that the enquiry gets vitiated because of such defect. The School Tribunal has simply dismissed the appeal and it had therefore no occasion to consider other aspects like remand of matter for holding fresh enquiry or than about grant of back wages. In the circumstances, I find it appropriate to place the said appeal before the School Tribunal for its fresh consideration in accordance with law. Accordingly, judgment dated 01.09.2008 delivered in Appeal No. 62/2007 by the School Tribunal, Amravati is hereby quashed and set aside. The said appeal is restored back to the file of the School Tribunal for fresh consideration in accordance with law. 3 As the matter is being sent back, School Tribunal to attempt to decide the appeal as early as possible and in any case by 30.11.2010. Rule accordingly. No costs. JUDGE Rgd.