Full Judgment Text
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CASE NO.:
Appeal (civil) 669 of 2008
PETITIONER:
PASHCHIM KHANDESH BHAGINI S. MANDAL & ANR
RESPONDENT:
SAU. NIRMALA TULSHIRAM MOHANE & ANR
DATE OF JUDGMENT: 23/01/2008
BENCH:
H.K. SEMA & LOKESHWAR SINGH PANTA
JUDGMENT:
JUDGMENT
O R D E R
CIVIL APPEAL NO.669 OF 2008
(arising out of SLP(C)No.3023/2006)
Leave granted.
Heard the parties.
We propose to dispose of this appeal with this short order.
The respondent was working as Headmistress in Kamla Nehru Kanya
Vidyalaya, Nandurbar. She was dismissed from service by an order dated 25.05.2000
preceded by an inquiry. Aggrieved thereby, the respondent approached the School
Tribunal. It appears that in the proceedings before the Tribunal, the Tribunal
directed the appellant to furnish a copy of the inquiry report, the inquiry records
and documents relied on during the inquiry. Despite the repeated requests the
appellant failed to produce the required documents and, therefore, the Tribunal
allowed the appeal and set aside the order of dismissal.
Aggrieved thereby, the appellant approached the High Court by way of writ
petition which met with the same fate. The High Court noticed the reasons recorded
by the Tribunal and dismissed the writ petition. Hence this appeal by special leave.
...2/-
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This Court on 13.09.2007 directed the parties to produce the report of the
enquiry dated 08.05.2000, show-cause notice dated 19.05.2000 and the reply dated
23.05.2000. Pursuant to the aforesaid direction, it appears that the inquiry report
and other documents have now been produced and are available on record. In our
view, since those documents which have been produced pursuant to our direction
dated 13.09.2007 have neither been considered by the Tribunal or the High Court, it
would secure the ends of justice if the orders of the Tribunal and the High Court are
set aside and the matter is remitted to the School Tribunal for a fresh decision after
examining the inquiry report and the documents that are now available pursuant to
our direction. Accordingly, the matter is remitted to the School Tribunal for a fresh
decision in accordance with law after considering the documents now made available.
As the matter is pending since 1997, the Tribunal is directed to dispose of the appeal
afresh within three months from today. The appellant is directed to produce records
of the inquiry in original in its entirety before the Tribunal. We clarify that we set
aside the orders of the Tribunal and the High Court for the reason being that the
documents now available were not considered by the two courts below and any
observation made herein shall not be construed as expression of opinion on the merit
of the case.
The appeal is disposed of accordingly.