Case Note & Summary
The petitioner, Sudev Nagnath Kamble, was an Assistant Teacher appointed by the Management (Ahilyabai Holkar Shikshan Prasark Mandal) on 25-06-2004. On 15-01-2013, he was issued a show-cause notice containing 18 charges relating to the period 2007-2009, including insubordination, dereliction of duties, and misconduct. He submitted a reply on 24-01-2013 denying the allegations. On 07-02-2013, he was informed of the appointment of an inquiry committee and given an opportunity to appoint a representative. He sought time, but on 28-02-2013 he was directed to submit his representative's name within 8 days. On 11-03-2013, the Management appointed a two-member inquiry committee comprising Shri Padmakar Chaudhari and Shri S.S. Karkare. On 12-03-2013, a charge-sheet was served reiterating the charges, but the statement of imputation contained no further details. The petitioner filed a writ petition challenging the composition of the committee, which was dismissed on 04-04-2013 with an observation that he could raise objections during the inquiry. The inquiry proceeded, and the petitioner was not provided with copies of documents or an opportunity to cross-examine witnesses. On 30-04-2013, the inquiry committee submitted a report holding the charges proved. Based on this report, the Management terminated the petitioner's services on 30-04-2013. The petitioner appealed to the School Tribunal, Latur, which dismissed the appeal on 30-04-2019. The petitioner then filed the present writ petition. The High Court found that the inquiry was conducted in gross violation of principles of natural justice, as the petitioner was not given copies of documents relied upon by the management and was denied the opportunity to cross-examine witnesses. The court held that the inquiry was a nullity and the termination order was unsustainable. The court set aside the termination order and directed the petitioner's reinstatement with continuity of service and 50% back wages.
Headnote
A) Service Law - Departmental Inquiry - Principles of Natural Justice - Right to Cross-Examination and Inspection of Documents - The inquiry committee failed to provide the petitioner with copies of documents and opportunity to cross-examine witnesses, violating natural justice. Held that such inquiry is a nullity and the consequent termination order is unsustainable (Paras 1-10). B) Service Law - Termination - Disproportionate Punishment - The punishment of termination was imposed without proper inquiry and was disproportionate to the alleged misconduct. Held that the termination order is set aside (Paras 10-12).
Issue of Consideration
Whether the termination order passed against the petitioner is vitiated due to violation of principles of natural justice in the departmental inquiry.
Final Decision
The High Court allowed the writ petition, set aside the termination order dated 30-04-2013 and the order of the School Tribunal dated 30-04-2019, and directed the petitioner's reinstatement with continuity of service and 50% back wages.
Law Points
- Principles of natural justice
- right to cross-examination
- right to inspect documents
- departmental inquiry
- termination of service
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
