Bombay High Court
Madhav Rajendra Narhare vs The Secretary Banjara Jan-Jagruti ... on 31 July, 2019
Author: Ravindra V.Ghuge
Bench: Ravindra V.Ghuge
-1-
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.7429 OF 2019
IN WP/5224/2017 WITH WP/4037/2017 WITH WP/5075/2017
MADHAV RAJENDRA NARHARE
VERSUS
THE SECRETARY BANJARA JAN-JAGRUTI MANDAL AND OTHERS
Mr.S.M.Kulkarni, Advocate for the applicant.
Mr.M.V.Salunke, Advocate for the petitioner in WP No.4037/2017.
Mr.R.J.Godbole, Advocate for the petitioner in WP No.5075/2017.
Mr.K.G.Anmale h/f Mr.B.L.Sagar Killarikar, Advocate for respondent Nos. 1
and 2.
Mr.R.B.Ade, Advcocate for respondent Nos. 1 and 2 in WP No.5075/2017. Mr.U.B.Bondar, Advocate for respondent No.3 in WP No.5075/2017.
( CORAM : Ravindra V.Ghuge, J.) DATE : 31/07/2019 PER COURT :
1. Issue involved in these matters is with regard to the School Tribunal having allowed the appeals filed by the employees, having set aside the termination orders and having permitted the Management to conduct a denovo enquiry. By these impugned orders, the Management has been virtually granted the liberty to conduct a second denovo enquiry.
2. The Law on this count has been settled by this Court in the matter of Headmaster, Vivek Vardhini Madhyamik Vidyalaya, Malizap khs/JULY 2019/7429 ::: Uploaded on - 02/08/2019 ::: Downloaded on - 02/08/2019 22:19:04 ::: -2- Vs. Alka Namdeo Khalekar and others[2017(1) Mh.L.J. 105] wherein, this Court has concluded that on multiple vitiation of a domestic enquiry, there cannot be multiple denovo enquiries. If the first enquiry conducted by the Management is vitiated, a denovo enquiry can be conducted from the stage at which it is vitiated. If the denovo enquiry is vitiated, there cannot be a second denovo enquiry as it would be illogical to allow the Managements to continue to hold denovo enquiries for multiple times.
3. The learned Advocates for the employees submit that the issue involved is no longer res-integra and such employees are entitled to the benefits of re-instatement in service, 2 having already been reinstated and only Madhav Rajendra Narhare, has not been reinstated. These 3 petitions shall be listed for final hearing out of turn on 22/08/2019.
4. Parties to note that if for any reason, the final hearing in these 3 matters does not commence on 22/08/2019, the prayer for subsistence allowance in view of the judgment of the Hon'ble Apex Court in the matter of Vidya Vikas Mandal and another Vs. Education Officer and others [2007 (3) Mh.L.J. 801], would be considered.
( Ravindra V.Ghuge, J.) khs/JULY 2019/7429 ::: Uploaded on - 02/08/2019 ::: Downloaded on - 02/08/2019 22:19:04 :::