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Bombay High Court

THE SECRETARY SAFA EDUCATION SOCIETY VAJIRABAD AND ANOTHERversusSAYYADA SEEMA KAUSAR MIR SADAT ALI AND ANOTHER

Disposal
DISPOSED OFF

Holding

The High Court dismissed the writ petition, upholding the Tribunal’s order for a de novo inquiry and refusing to impose subsistence allowance liability on the petitioner.

Summary

The petition challenged a School Tribunal order that set aside the termination of a headmistress accused of misappropriating funds and directed a de novo inquiry due to procedural defects. The Tribunal found violations of Rules 36 and 37 of the M.E.P.S. Rules, 1981, including denial of a second representative, improper witness handling, and lack of notice of the final report. It also ordered the petitioner (the school society) to pay subsistence allowance to the respondent during the suspension. The High Court examined whether it should interfere under Article 227 and whether the Tribunal’s directions were lawful. Finding no merit in the petitioner's arguments and noting the Tribunal’s proper application of natural justice, the Court dismissed the writ petition, upholding the de novo inquiry and rejecting the liability for subsistence allowance.

Issues considered

  • Whether the School Tribunal erred in setting aside the termination order and directing a de novo inquiry on the ground of violations of Rules 36 and 37 of the M.E.P.S. Rules, 1981.
  • Whether the petitioner is liable to pay subsistence allowance to the respondent during the period of suspension and enquiry.
  • Whether the High Court should exercise its extraordinary jurisdiction under Article 227 of the Constitution to interfere with the Tribunal's order.

Legislation cited

  • M.E.P.S. Act — s. 9
  • M.E.P.S. Rules, 1981 — s. 36, 37

Subjects

  • school tribunal
  • termination of service
  • misappropriation
  • procedural fairness
  • de novo inquiry
  • subsistence allowance
  • Article 227
  • natural justice

Judgment

2026:BHC-AUG:1195
                                           (1)                       wp-167-2026.odt



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD
                             WRIT PETITION NO.167 OF 2026

               1.    The Secretary,
                     Safa Education Society, Vajirabad,
                     Nanded, Tq. & Dist. Nanded.
               2.    The Head Master,
                     Safa Urdu Primary School, Tahuara Bag,
                     Vajirabad, Nanded, Tq. & Dist. Nanded.          ..Petitioners
                            Versus
               1.    Sayyada Seema Kausar d/o Mir Sadat Ali,
                     Age: 45 Years, Occ.: Service,
                     r/o. Indamdar Galli, Killa Road,
                     Nanded, Tq. & Dist. Nanded.
               2.   The Education Officer (Primary)
                    Zilla Parishad, Nanded,
                    Tq. & Dist. Nanded.                       ..Respondents
                                               …
               Mr. Ganesh A. Gadhe, Advocate for Petitioners.
               Mrs. A. S. Mantri, AGP for Respondent-State.
                                              …
                                        CORAM : S. G. CHAPALGAONKAR, J.
                                        DATED : 08th JANUARY, 2026.
               JUDGMENT:-

               1.    Rule.   Rule made returnable forthwith.        By consent of

               parties, matter is taken up for final hearing at the admission stage.


               2.    The present Writ Petition takes exception to order dated

               22.08.2025 passed by Presiding Officer, School Tribunal, Latur in

               Appeal No.11/2024, whereby Appeal filed by respondent no.1 under

               Section 9 of M.E.P.S. Act has been partly allowed, thereby setting

               aside otherwise termination and remitting matter back for denovo

               inquiry as per M.E.P.S. Act, 1977 and Rules of 1981 from stage of

               constitution of Enquiry Committee.
                              (2)                          wp-167-2026.odt



3.    Mr. Gadhe, learned Advocate appearing for petitioners

submits that respondent no.1 was appointed as Assistant Teacher

on probation. Thereafter, she was appointed as Headmistress. She

illegally diverted amount of Rs.1,76,433/- from salary account to

her own benefit and some amount from school account without

authorization. Eventually, she was suspended and FIR was lodged.

She   was    served    with   show   cause   notice    for     charges        of

misappropriation, negligence and misconduct.          With approval of

Education Officer, she was suspended w.e.f. 02.01.2024.                      On

26.03.2024, she was served with charge-sheet. The enquiry was

conducted, wherein she was found guilty for charges. Accordingly,

she was terminated from service w.e.f. 22.05.2024.


4.    The respondent no.1 approached School Tribunal in Appeal

No.11/2024 under Section 9 of M.E.P.S. Act. The petitioner filed

written    statement   and    supported   legality    of     enquiry         and

termination order.      However, School Tribunal partly allowed

Appeal observing that enquiry was not fair and proper.                       The

Tribunal has further directed petitioner to pay subsistence

allowance from date of reinstatment for enquiry till completion of

enquiry.     According to Mr. Gadhe, aforesaid directions are

unnecessary, particularly when suspension of respondent no.1 was

preceded by approval from Education Officer.
                            (3)                      wp-167-2026.odt



5.    Perusal of order of Tribunal shows that Tribunal has

elaborately observed fundamental defects in enquiry, particularly

violation of Rules 36 and 37 of M.E.P.S. Rules, 1981. The Tribunal

observed that respondent no.1 was not permitted to nominate

second representative while her earlier nominated representative

was not willing to continue proceeding.        Although list of 9

witnesses was given for examination on behalf of Management, 14

witnesses were examined. The statements of witnesses were not

supplied to appellant for cross-examination, but report mentions

that respondent no.1 refused to cross-examine witnesses. Although

President was conveyor, she is examined herself as witness of

Management. Similarly, Secretary himself was Presiding Officer

and examined himself as witness of Management.               There is

discrepancy as to number of meetings held during course of

enquiry. The respondent no.1 was not served with notice of final

report.   The Tribunal observed that aforesaid defects vitiates

enquiry being defiance of Rules 36 and 37 of M.E.P.S. Rules.


6.    In this background, Tribunal thought it fit to direct denovo

inquiry as per law and principles of natural justice. The Tribunal

has further observed that looking to nature of charges, Secretary of

Management, who is holding charge of Headmaster cannot be

permitted to act as Presiding Officer on behalf of Management,

particularly when he was also accused of misappropriation of
                             (4)                      wp-167-2026.odt



amount and he was served with show cause notice by appellant to

deposit amount, so also acting as witness against appellant. This

Court do not find any reason to interfere in directions given by

Tribunal, thereby setting aside termination order and directing

denovo inquiry.


7.    Second wing of argument on behalf of petitioner is that

School Tribunal erroneously issued directions imposing liability to

pay subsistence allowance on shoulder of petitioner, although

school is receiving 100% grant-in-aid.


8.    Perusal of order of Tribunal would depict that aforesaid

directions are well founded, supported by reasons recorded in

paragraph no.56 of impugned judgment of School Tribunal. The

Tribunal recorded that directions for denovo inquiry required to be

given because of defects in conduct of enquiry on part of

Management.       The Management is under obligation to pay

subsistence allowance. If enquiry after suspension of employee is

prolonged for any reason, Education Officer/State cannot be

burdened with financial liability.


9.    In present case, it is apparent that because of fault on part of

Management directions for denovo inquiry are required to be given.

The respondent no.1 is continued under suspension during period

of enquiry.   It is for Management to conduct enquiry without
                              (5)                        wp-167-2026.odt



further delay. The liability to pay subsistence allowance is only for

period of joining of petitioner to enquiry till its conclusion.


10.     In this background, this Court do not find any reason to

invoke extraordinary jurisdiction under Article 227 of Constitution

of India. In result, Writ Petition stands dismissed.


11.     Rules stands discharged.



                                       (S. G. CHAPALGAONKAR)
                                                JUDGE




Devendra/January-2026


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