Case Note & Summary
The petitioner, Fr. Peter Thamaji Amolik, was appointed as headmaster of St. Xavier's High School, Aurangabad, on 18.10.2000 by the respondent society. He was transferred to St. Francis De Sales High School on 01.08.2006. Due to allegations of misconduct, including being under the influence of alcohol while on duty, using slang language, creating false records, embezzlement, and other charges, he was suspended on 15.12.2008 and served with a charge-sheet containing 14 charges. An enquiry was conducted, and the Enquiry Officer found the charges proved. Based on the enquiry report, the management terminated his services. The petitioner appealed to the School Tribunal, Aurangabad, under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act). The Tribunal dismissed the appeal on 14.08.2014. The petitioner then filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the Tribunal's order. The High Court examined the findings of the Tribunal and the evidence on record. The court noted that the Tribunal had re-appreciated the evidence and found the charges proved. The court held that in writ jurisdiction, findings of fact by the Tribunal cannot be interfered with unless they are perverse or based on no evidence. The court found that the charges of misconduct, including moral turpitude, were established. The court also noted that the petitioner had admitted to some charges, such as issuing fake certificates and not conducting classes. The court concluded that the termination was justified and the Tribunal's order was correct. The writ petition was dismissed, and the rule was discharged.
Headnote
A) Service Law - Termination - Misconduct - School Tribunal - Appeal under Section 9 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner, a headmaster, was terminated for misconduct including being under influence of alcohol, using foul language, embezzlement, and issuing fake certificates - School Tribunal dismissed appeal - High Court in writ jurisdiction under Article 227 held that findings of fact by Tribunal are not to be interfered with unless perverse or based on no evidence - Held that the charges were proved and termination was justified (Paras 2-18). B) Service Law - Enquiry - Natural Justice - Charge-sheet - Evidence - The petitioner was served with a charge-sheet containing 14 charges, an enquiry was held, and the Enquiry Officer found charges proved - The School Tribunal re-appreciated evidence and concurred - High Court found no violation of principles of natural justice or procedural irregularity - Held that the termination order was valid (Paras 4-12).
Issue of Consideration
Whether the School Tribunal erred in dismissing the appeal against termination of the petitioner, and whether the termination was justified based on the charges of misconduct and moral turpitude.
Final Decision
The High Court dismissed the writ petition, upholding the order of the School Tribunal and the termination of the petitioner. Rule discharged.
Law Points
- Termination of service
- misconduct
- moral turpitude
- school tribunal
- MEPS Act
- Section 9
- Article 227
- Article 226
- writ jurisdiction
- judicial review
- findings of fact
- perversity
- evidence
- charge-sheet
- enquiry
- natural justice
