-1- FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 3747/2008. ( Late Meerabai Pethe Education Society -versus- Gopal Sheshrao Wankhede ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : SEPTEMBER 29, 2008. Heard Shri Anjan De, Advocate for petitioner and Advocate Shri V.A. Kothale, for respondent no.1. The School Tribunal has found the departmental enquiry to be defective. Advocate Shri De, contends that in such circumstances, considering the nature of charge the Tribunal ought to have remanded the matter back to the Management for holding fresh enquiry or it itself should have conducted the enquiry. Advocate Shri Kothale, points out that the Tribunal has found on merits the evidence of misconduct was not established, and as such there is no question of further holding departmental -2- enquiry. I have perused the impugned judgment with the assistance of both the Counsel. I find that the Tribunal has found that there was some mistake in maintaining the record in the departmental enquiry. It therefore, found that what was the evidence in support of charge was itself not clear. In these circumstances, considering the charges which are leveled against the respondent no.1, I am inclined to permit the management to lead evidence before the School Tribunal to support those charges. However, the same shall be subject to the following conditions :- (1) The petitioner shall pay amount of Rs.25,000/- on account of arrears of salary of respondent no.1, for the period from the date of his suspension in January, 2007 till his termination on 02.08.2007. (2) The respondent no.1 shall also be paid subsistence allowance for the period from 2.08.2007 till today by the Management. (3) The Management shall continue to pay him subsistence allowance during the pendency of the enquiry proceedings before the Tribunal. (4) The arrears under the heads at Sr.No.1 -3- and 2 above, shall be paid on or before 30.11.2008. (5) If the arrears are so cleared along with the current amounts of suspension allowance, the School Tribunal shall permit the management to lead its evidence to prove the charges before it. In that event, the School Tribunal shall dispose of the proceedings as early as possible and in any case by 30.06.2009. (6) In case of failure of management to pay the arrears as mentioned above, the respondent no.1 shall stand reinstated back in service and shall be entitled to all benefits flowing from the impugned order of School Tribunal dated 15.07.2008. (7) If the appeal is allowed by School Tribunal, respondent no.1 shall be entitled to full salary from January, 2007 till 2nd August, 2007. Rule accordingly in the matter. JUDGE Rgd.