Case Note & Summary
The petitioner, Bhaskar Sonerao Deshmukh, was appointed as an Assistant Teacher in an Ashram School run by Respondent No. 1, Ahilyabai Holkar Shikshan Prasarak Mandal, on 18.11.1996. His appointment was confirmed in the academic year 2019-2000 after receiving approval from the concerned authority. He was later appointed as Head Master from the academic year 2001-2002 and worked until his termination. In 2010-2011, the petitioner was subjected to an inquiry by the Management by issuing a notice dated 21.11.2011 under the signature of the President. Upon completion of the inquiry, the charges were held proved, and an order dated 03.08.2012 was passed terminating the petitioner. The petitioner challenged this order before Respondent No. 2, the Assistant Commissioner, Social Welfare, Latur Division, which was dismissed by the impugned order dated 24.07.2018. The petitioner then filed the present writ petition. The court found that the termination was in violation of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, as no prior approval was obtained from the competent authority. The court also noted that the inquiry was not conducted in accordance with the principles of natural justice. The court allowed the petition, set aside the termination order, and directed the reinstatement of the petitioner with continuity of service and back wages.
Headnote
A) Service Law - Termination - Natural Justice - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner was terminated without proper inquiry and without approval from the competent authority under the Act - Held that termination was illegal and set aside (Paras 1-10).
Issue of Consideration
Whether the termination of the petitioner was valid and in compliance with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and principles of natural justice.
Final Decision
The court allowed the writ petition, set aside the termination order dated 03.08.2012 and the appellate order dated 24.07.2018, and directed reinstatement of the petitioner with continuity of service and back wages.
Law Points
- Natural Justice
- Termination without proper inquiry
- Non-compliance with MEPS Act
- 1977
- Approval of termination by Social Welfare Officer
Case Details
2023 LawText (BOM) (09) 9
WRIT PETITION NO. 3995 OF 2019
Mr. S.R. Barlinge (for petitioner), Mr. V.D. Sapkal (Senior Advocate for Respondent No.1), Mr. S.G. Sangle (AGP for Respondent No.2/State)
Ahilyabai Holkar Shikshan Prasarak Mandal, Karepur, Through its Secretary; The Assistant Commissioner, Social Welfare, Latur Division, Latur
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging termination order and the appellate order dismissing the challenge.
Remedy Sought
Petitioner sought quashing of termination order dated 03.08.2012 and the appellate order dated 24.07.2018, and reinstatement with continuity of service and back wages.
Filing Reason
Petitioner was terminated from service without proper inquiry and without approval from the competent authority under the MEPS Act.
Previous Decisions
The termination order was challenged before Respondent No. 2, which was dismissed by order dated 24.07.2018.
Issues
Whether the termination of the petitioner was in compliance with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977?
Whether the inquiry conducted was in accordance with principles of natural justice?
Submissions/Arguments
Petitioner argued that termination was without proper inquiry and without approval from the competent authority.
Respondent No. 1 argued that the inquiry was conducted properly and termination was justified.
Ratio Decidendi
Termination of an employee without following the procedure under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and without observing principles of natural justice is illegal and liable to be set aside.
Judgment Excerpts
This petition is directed against the judgment and order passed by the Regional Deputy Commissioner, Social Welfare, Latur Division Latur dated 24.07.2018.
The Petitioner was appointed as Assistant Teacher in the Ashram School run by Respondent No. 1, who came to be terminated by holding an inquiry by Respondent No. 1.
Procedural History
Petitioner was appointed on 18.11.1996, confirmed in 2019-2000, appointed as Head Master from 2001-2002. Inquiry initiated in 2010-2011, termination order dated 03.08.2012. Challenge before Respondent No. 2 dismissed on 24.07.2018. Writ petition filed in 2019.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
