1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5109/2008 Vidarbha Shikshan Prasarak Mandal and another vs. Pushpa V. Gadgage and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 27 th FEBRUARY, 2009 Heard Shri Anjan De, Advocate, for the petitioners, Shri Khan, Advocate, for Respondent no.1 and Shri Sonare, A.G.P. for respondent no.2. The petitioners are challenging the order passed by the School Tribunal in Appeal No.3/2006 filed by respondent no.1 against the petitioners dated 11.8.2008, whereby it is held that the inquiry was vitiated and therefore, respondent no.1 was entitled for reinstatement with back wages. Apparently, the impugned judgment of the School Tribunal does not appear to be in consonance with the principles laid down by this Court in 2004 (4) Mh.L.J. 173; Adarsh Vidya Mandir Trust and another vs. Awadhesh Narayan Komal Singh and others. Normally, when the School Tribunal finds that the inquiry was vitiated, instead of reinstatement, he should direct fresh inquiry from the stage at which it is found to be illegal. 2 The learned counsel for the respondents also have nothing; to make out a case otherwise; so as to contend that the impugned order was correct. In these circumstances, the petition will have to be allowed by quashing and setting aside the impugned order with a direction that the fresh Inquiry Committee shall be constituted by the petitioners and conduct the fresh inquiry in accordance with law. In that case, respondent no.1 shall be continued to be under suspension, subject to further orders, as may be necessary. In the circumstances, the impugned judgment of the School Tribunal is quashed and set aside with the above directions. Petition disposed of. JUDGE Rvjalit