Case Note & Summary
The petitioner, Dinesh Manik Suryavanshi, was appointed as a Shikshan Sevak (a probationary teacher) by the Education Officer of the Brihanmumbai Municipal Corporation (BMC) on 23rd January 2020. However, by an order dated 17th December 2021, the Education Officer terminated his services without any prior notice or opportunity of hearing. Aggrieved, the petitioner filed a writ petition under Article 226 of the Constitution before the Bombay High Court seeking quashing of the termination order and reinstatement with continuity of service and full back wages. The petitioner contended that the termination was arbitrary, in violation of principles of natural justice, and contrary to Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act), which requires a show cause notice and an inquiry before terminating a teacher. The respondent Education Officer did not file any reply or contest the petition. The court observed that the termination order was passed without any show cause notice or opportunity of hearing, which is a clear violation of natural justice. Additionally, the court noted that the M.E.P.S. Act, which applies to private schools, was not followed. The court held that the termination was illegal and unsustainable. Consequently, the court quashed the impugned order dated 17th December 2021 and directed the respondent to reinstate the petitioner as Shikshan Sevak with continuity of service and full back wages from the date of termination till reinstatement, to be paid within four weeks. The petition was allowed in those terms.
Headnote
A) Service Law - Termination of Shikshan Sevak - Natural Justice - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - Petitioner appointed as Shikshan Sevak on 23.01.2020, terminated by order dated 17.12.2021 without any show cause notice or opportunity of hearing - Court held that termination without following principles of natural justice and without compliance with Section 5 of M.E.P.S. Act is illegal and unsustainable - Impugned order quashed and set aside (Paras 4-6). B) Service Law - Reinstatement and Back Wages - Shikshan Sevak - Termination set aside - Court directed reinstatement with continuity of service and full back wages from date of termination till reinstatement, to be paid within four weeks (Para 6).
Issue of Consideration
Whether the termination of the petitioner as Shikshan Sevak by the Education Officer without providing an opportunity of hearing and without following the procedure under Section 5 of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 is valid.
Final Decision
The impugned order dated 17th December 2021 passed by the Respondent, Education Officer, is quashed and set aside. The Respondent is directed to reinstate the Petitioner as Shikshan Sevak with continuity of service and full back wages from the date of termination till reinstatement, to be paid within four weeks. Rule made absolute accordingly.
Law Points
- Natural justice
- opportunity of hearing
- termination without inquiry
- Section 5 M.E.P.S. Act
- 1977
- Shikshan Sevak
- termination order quashed
- reinstatement with continuity
- back wages
