Summary
The school enquiry committee had satisfied Rule 37(6): its minutes showed deliberation and approval of a compiled report signed by all three members, with one dissent. The High Court’s contrary premise and reliance on Vidya Vikas Mandal were erroneous. Other challenges had not been considered, but instead of remand the parties sought final closure through a humanitarian ex gratia payment to the deceased employee’s legal representatives.
Issues
- Whether a combined enquiry report recording a member’s dissent complied with Rule 37(6).
- What course should follow when the employee had died and the parties sought settlement rather than remand on unconsidered grounds.
Provisions considered
- Rule 37(6), Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981Recorded committee meetings, consideration and approval of the compiled report, and signatures of all members including a recorded dissent established compliance; unanimity on guilt was not required. (¶ 8–12)
Held
- The minutes disproved the premise that the members had not assembled and deliberated. The final combined report was signed by all three members, with two finding guilt and one dissenting. (¶ 8–10)
- Vidya Vikas Mandal concerned individual reports, two submitted outside the prescribed period, and was distinguishable from the compliant combined-report procedure here. (¶ 11–13)
- Although other challenges ordinarily required remand, the employee’s representatives sought closure through payment. The Court accepted the management’s offer of ₹1.5 lakh as a humanitarian ex gratia full and final settlement. (¶ 14–16)
Result
High Court judgments and orders set aside; proceedings closed on the agreed ex gratia payment of ₹1.5 lakh to the respondents in full and final settlement, payable within one month of certified-copy receipt. Appeals disposed of without costs.