: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. 1438 OF 1998 WRIT PETITION NO. 1438 OF 1998 WRIT PETITION NO. 1438 OF 1998 Smt. Manoramadevi Chauhan ] Indian Inhabitant, adult, ] aged about 30 years, residing at ] Thorat Building, Room No. 428, ] Kolsewadi, Kalyan, Dist: Thane ] ..Petitioner versus 1. The Secretary, Chetana ] Education Society, ] C/o. Chetana Hindi Vidya ] Mandir, Netivali, Chakki ] Naka, Kalyan, Dist : Thane ] 2. The Head Master ] Chetana Hindi Vidya Mandir ] Netivali, Chakki Naka ] Hajimalang Road, Kalyan ] Dist : Thane ] 3. The Presiding Officer ] School Tribunal, ] Belapur Road, New Mumbai ] ..Respondents Mr. Mandar Limaye for the Petitioner. Mr. A. G. Kothari for the Respondent No.1. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 22ND JANUARY, 2009. DATE : 22ND JANUARY, 2009. DATE : 22ND JANUARY, 2009. ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT : . Heard the learned counsel for the petitioner and the respondent No. 1. :2: 2. The petitioner has challenged the order dismissing her appeal against the order of termination. The petitioner was working as an Assistant Teacher. She claims that her services were orally terminated from 24.10.1996. The learned School Tribunal has apparently dismissed appeal on the ground that there is no substantial proof against the respondent on record. What the learned Tribunal apparently means is that since the respondent is said to have terminated the petitioner’s services by an oral order and not in writing, there is no evidence of termination. The inference drawn by the Tribunal is perverse and unsustainable. The Tribunal was bound to go into the question of the validity or otherwise of the order of termination and to decide it in accordance with law. The order suffers from a grave miscarriage of justice and is hereby set aside. The matter is remanded back to the Tribunal. The Tribunal to decide the matter as expeditiously as possible. All questions including maintainability of the appeal are left open. 3. Rule made absolute in the above terms. :3: (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)