Case Note & Summary
The petitioner, Abdul Shakil Shakil Ahamad, was employed as a Peon in 1989 and later promoted to Junior Clerk. He alleged that he was paid a meager consolidated salary in violation of the MEPS Act and Rules. After he made representations demanding proper salary, the Head Mistress issued a letter alleging lapses. The employer refused to pay salary, leading the petitioner to file Writ Petition 778/2006, which was disposed of on 25.04.2006 based on the employer's statement that the petitioner would be given pay scale as per Schedule-C. However, the employer subsequently issued a charge-sheet and conducted a domestic inquiry, resulting in termination on 09.11.2006. The petitioner appealed to the School Tribunal, which dismissed the appeal on 15.04.2008. The High Court examined whether the termination was legal and whether the School Tribunal erred. The Court found that the inquiry was conducted fairly, the findings were based on evidence, and the punishment was proportionate. The Court also noted that the petitioner failed to prove victimization. The writ petition was dismissed.
Headnote
A) Service Law - Termination - Unauthorized Absence - Misconduct - The petitioner, a Junior Clerk, was terminated for unauthorized absence and misconduct after a domestic inquiry. The School Tribunal dismissed his appeal. The High Court held that the inquiry was fair and proper, the findings were not perverse, and the punishment of termination was proportionate. The petition was dismissed. (Paras 1-10)
B) Service Law - Victimization - Burden of Proof - The petitioner alleged victimization for demanding salary. The Court held that the burden to prove victimization was on the petitioner, and he failed to discharge it. The inquiry was not vitiated by any bias or mala fides. (Paras 5-8)
Issue of Consideration
Whether the termination of the petitioner's service was legal and justified, and whether the School Tribunal erred in dismissing the appeal.
Final Decision
The High Court dismissed the writ petition, upholding the termination order and the judgment of the School Tribunal.
Law Points
- Termination of service
- Unauthorized absence
- Misconduct
- Domestic inquiry
- Victimization
- MEPS Act
- School Tribunal
- Writ jurisdiction
- Proportionality of punishment
Case Details
2022 LawText (BOM) (08) 151
WRIT PETITION NO.3164 OF 2008
Mr. A. D. Mohgaonkar for Petitioner; Mr. M. M. Agnihotri for Respondent 1; Mr. N. R. Rode, AGP for Respondent 3/State
Abdul Shakil Shakil Ahamad
Husanmiyan Education Society, Nagpur; Sheikh Ali Hussain Bhai; The Education Officer (Secondary), Zilla Parishad, Nagpur
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Nature of Litigation
Writ petition challenging the judgment of the School Tribunal dismissing the appeal against termination of service.
Remedy Sought
The petitioner sought to quash the termination order dated 09.11.2006 and the judgment of the School Tribunal dated 15.04.2008, and sought reinstatement with back wages.
Filing Reason
The petitioner was terminated from service after a domestic inquiry for unauthorized absence and misconduct, which he alleged was a result of victimization for demanding proper salary.
Previous Decisions
The School Tribunal dismissed the appeal (STN 41/2006) on 15.04.2008. Earlier, the High Court disposed of Writ Petition 778/2006 on 25.04.2006 based on the employer's statement to give pay scale as per Schedule-C.
Issues
Whether the termination of the petitioner's service was legal and justified.
Whether the School Tribunal erred in dismissing the appeal.
Whether the inquiry was fair and proper.
Whether the punishment of termination was proportionate.
Submissions/Arguments
The petitioner argued that the termination was a result of victimization for demanding salary in accordance with law, and that the inquiry was biased and the findings perverse.
The respondent argued that the inquiry was conducted fairly, the charges of unauthorized absence and misconduct were proved, and the punishment was proportionate.
Ratio Decidendi
The termination of an employee after a fair domestic inquiry, where charges of unauthorized absence and misconduct are proved, is legal and justified. The School Tribunal's dismissal of the appeal was correct. The punishment of termination was proportionate to the misconduct. The burden to prove victimization lies on the employee, and in this case, the petitioner failed to discharge it.
Judgment Excerpts
The petitioner is assailing the judgment dated 15.04.2008 rendered by the School Tribunal, Nagpur in Appeal STN 41/2006 whereby the appeal preferred by the petitioner challenging the termination order dated 09.11.2006, is dismissed.
The facts, to the extent relevant, are thus: (i) The employee was initially appointed as Peon vide appointment order dated 24.06.1989 on probation for period of two years...
The refusal of the employer to pay salary in accordance with law constrained the employee to approach the High Court in Writ Petition 778/2006 which was disposed of vide order dated 25.04.2006, in view of the statement of the employer that the employee shall be given pay scale as per Schedule-C of the Rules.
Procedural History
The petitioner was terminated on 09.11.2006. He appealed to the School Tribunal, Nagpur (Appeal STN 41/2006), which dismissed the appeal on 15.04.2008. The petitioner then filed the present writ petition in the High Court on 26.08.2022.
Acts & Sections
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977:
