Case Note & Summary
The petitioner, Mohan Jagannath Salunke, was appointed as a primary teacher under the Zilla Parishad, Jalgaon, on a temporary basis from 1.7.1986, with subsequent extensions on 21.12.1986 and 21.7.1987. The appointments were made under the authority of the Zilla Parishad dated 9.12.1983, which allowed temporary appointments for a period not exceeding one year. On 29.3.1988, the Chief Executive Officer (respondent No.1) terminated the petitioner's services on the ground that a criminal case under Sections 306 and 498-A of the Indian Penal Code was lodged against him, relying on a Government Circular dated 24.11.1987. The petitioner appealed to the Commissioner, Nashik Division (respondent No.2), who dismissed the appeal on 17.6.1991. The petitioner then filed a writ petition before the Bombay High Court. The petitioner argued that the criminal case was false and that he was subsequently acquitted on 22.8.1989 due to lack of evidence. He contended that the circular dated 24.11.1987 was unconstitutional and that as per the relevant rules, he should have been suspended rather than terminated. The respondents argued that the petitioner was a temporary employee and his services were terminated in accordance with the circular. The court examined the validity of the circular and held that it was arbitrary and discriminatory, violating Articles 14 and 16 of the Constitution of India. The court quashed the termination order and directed the respondents to reinstate the petitioner with continuity of service and consequential benefits, but without back wages. The court also noted that the petitioner had been acquitted in the criminal case, which further supported the quashing of the termination.
Headnote
A) Service Law - Termination of Temporary Employee - Validity of Termination Based on Pending Criminal Case - Circular dated 24.11.1987 - The petitioner, a temporary primary teacher, was terminated on the ground of a pending criminal case under Sections 306 and 498-A IPC. The court held that the circular dated 24.11.1987, which allowed termination of temporary employees on the ground of pending criminal cases, is unconstitutional as it violates Articles 14 and 16 of the Constitution of India. The court directed reinstatement of the petitioner with continuity of service and consequential benefits, but without back wages. (Paras 1-10) B) Constitutional Law - Articles 14 and 16 - Arbitrary Termination - The court held that the circular dated 24.11.1987 is arbitrary and discriminatory as it treats temporary employees differently without any rational basis, violating the right to equality under Articles 14 and 16 of the Constitution of India. (Paras 5-9) C) Criminal Law - Acquittal - Effect on Service - The petitioner was acquitted in the criminal case on 22.8.1989 due to lack of evidence. The court noted that the termination was based on a false case and the petitioner was subsequently acquitted, which further supports the quashing of the termination order. (Paras 4, 10)
Issue of Consideration
Whether the termination of the petitioner's services based on a pending criminal case, without suspension, is valid and whether the Government Circular dated 24.11.1987 is constitutional.
Final Decision
The court allowed the writ petition, quashed the termination order dated 29.3.1988 and the appellate order dated 17.6.1991, and directed the respondents to reinstate the petitioner with continuity of service and consequential benefits, but without back wages.
Law Points
- Termination of temporary employee based on pending criminal case without suspension is arbitrary
- Circular dated 24.11.1987 is unconstitutional
- Article 14 and 16 of Constitution of India
