NDLI: Shri Yogiraj Shikshan Prasarak Mandal & Ors. Vs. Vidya (dead) Thru Lrs. & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Maharashtra Employees of Private Schools (Conditions of Service) Rules Inquiry Committee and Procedure of Inquiry 1981 rr.36 and 37(6)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – rr.36 and 37(6) – Inquiry Committee and Procedure of Inquiry – Original respondent (since deceased) was terminated from the services after a disciplinary enquiry – Appeal was filed before the School Tribunal, however, same was rejected – Writ petition was filed by the respondent – High Court held that there was breach of r.37(6) of the Rules, 1981 and order of the termination was set aside – Review application filed by the appellants was dismissed – On appeal, held: The report of the Enquiry Committee was duly signed by all the three members – Two members concluded that the charges were duly proved – The third member of the Enquiry Committee, however, recorded his dissent while signing the Report – It was evident that the requirements of r.37(6) were duly fulfilled – Also, High Court did not consider all the contentions on behalf of the contesting parties – Thus, the basis on which the High Court allowed the writ petition was misconceived – However, remanding the case would not serve the ends of justice since employee has died and proceeding is pursued by her legal representatives – Therefore, appellant-management directed to pay Rupees one lakh fifty thousand to the respondents purely as an ex gratia payment on humanitarian grounds in full and final settlement.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 736
Petitioner	Shri Yogiraj Shikshan Prasarak Mandal & Ors.
Respondent	Vidya (dead) Thru Lrs. & Anr.
SCR	[2019] 9 S.C.R. 933
Judgement Date	2019-07-09
Case Number	5296

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Shri Yogiraj Shikshan Prasarak Mandal & Ors. Vs. Vidya (dead) Thru Lrs. & Anr.

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