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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/-

                       : 2 :         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.