Court sets aside teacher's termination due to procedural flaws, grants pensionary benefits but dismisses backwage claims
In a significant judgment, the Bombay High Court upheld the School Tribunal's decision to overturn the termination of Mr. Dilipsingh Gulabsingh Pardeshi, a former Headmaster at Modern High School, Pune, citing procedural defects in the inquiry process that led to his dismissal. The judgment was delivered on January 12, 2026, by Justice Sandeep V. Marne in response to cross petitions filed by both the Progressive Education Society and Mr. Pardeshi.
The court found that the inquiry committee, which led to Mr. Pardeshi’s termination, was improperly constituted as the convener, Dr. G.R. Ekbote, was an interested party. Mr. Pardeshi had been accused of various charges, including financial misappropriation and misconduct. However, the tribunal noted the conflict of interest since Dr. Ekbote, who chaired the inquiry committee, was also involved in the complaints against Mr. Pardeshi.
While the High Court agreed with the tribunal's finding that the inquiry was vitiated due to the defective constitution of the committee, it set aside the tribunal's order for a de novo inquiry. The court considered the prolonged delay and the fact that Mr. Pardeshi had already reached superannuation in 2013, making it impractical to conduct a fresh inquiry after such an extended period.
Justice Marne emphasized that although the inquiry process was flawed, the allegations against Mr. Pardeshi were serious. Therefore, while the termination was invalidated, Mr. Pardeshi was not awarded backwages from the period of his suspension to his retirement. Instead, he will receive pensionary benefits based on notional pay fixation till the date of his superannuation.
The judgment directs the Progressive Education Society to forward a proposal to the Deputy Director of Education for Mr. Pardeshi’s pension and pensionary benefits within two months. The Education Department is expected to expedite processing this proposal, ensuring Mr. Pardeshi receives his dues promptly.
This decision brings closure to a prolonged legal battle that highlighted the importance of unbiased inquiry procedures within educational institutions. The ruling serves as a reminder that procedural fairness is paramount in disciplinary proceedings, particularly when serious allegations are involved.
Bottom Line:
School Tribunal's decision to set aside termination order of a teacher based on the defective constitution of an inquiry committee upheld - However, the order for holding a de novo inquiry was set aside considering the prolonged delay and the teacher's superannuation. The teacher was granted pensionary benefits with notional pay fixation but denied backwages.
Statutory provision(s): Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - Rule 36
