Case Note & Summary
The dispute arose from the termination of a peon employed in a private school managed by Shetkari Shikshan Sanstha. The petitioner, Devidas s/o Dashrath Wirutkar, was terminated by an order dated 24.04.1997 issued by the school management. The termination order mentioned misconduct but did not disclose that any enquiry had been held prior to the termination. The petitioner challenged the termination by filing a writ petition before the Nagpur Bench of the Bombay High Court, contending that the termination was in violation of the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981, which mandate an enquiry before imposing any major penalty. The management in its reply asserted that the petitioner had admitted guilt, but the petitioner denied the contents of the termination order and any such admission. The court noted that the termination order inflicted a major penalty without affording any opportunity to the petitioner and without holding an enquiry. The court further observed that the petition had been admitted in 1997 and an ad interim stay had been granted, which continued undisturbed for over sixteen years, as the management neither challenged the interim order nor pressed for early disposal. In such circumstances, the court held that the termination order was unsustainable for want of procedural fairness and non-compliance with the service rules. It declined to relegate the petitioner to an alternative remedy, given the long pendency and the unchallenged interim protection. Accordingly, the writ petition was allowed, the termination order was quashed, and the respondents were directed to grant all consequential benefits to the petitioner in accordance with law. The parties were also given liberty to settle the matter.
Headnote
A) Service Law - Termination - Enquiry under MEPS Rules - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The petitioner was terminated for misconduct without an enquiry as required under the Rules; the order mentioned misconduct but no opportunity was given; the management alleged admission of guilt; Held: termination order is unsustainable as it inflicted major penalty without giving any opportunity and no enquiry was conducted (Paras 1-2) B) Service Law - Termination - Admission of Guilt - Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 - The management relied on letters about alleged admission of guilt by the petitioner; Held: mere alleged admission without proper enquiry does not justify termination, especially when petitioner denies contents; major penalty cannot be based solely on alleged admission without providing opportunity to be heard (Paras 1-2) C) Civil Procedure - Writ Jurisdiction - Alternative Remedy - Constitution of India, 1950, Article 226 - The court refused to relegate the petitioner to alternative remedy because the petition was admitted and pending since 1997, interim order had not been challenged, and the matter was repeatedly adjourned; Held: in such circumstances, it is not appropriate to direct the petitioner to avail alternative remedy (Para 3)
Issue of Consideration
Whether termination order passed by school management without holding an enquiry under the Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 is valid? Whether the High Court should entertain the writ petition despite availability of alternative remedy given the factual circumstances?
Final Decision
Writ petition allowed; termination order dated 24.04.1997 quashed and set aside; respondents directed to grant all benefits to petitioner in accordance with law; liberty to parties to settle the matter; no costs.
Law Points
- Termination for misconduct without conducting an enquiry under Maharashtra Employees of Private Schools (Conditions of Service) Rules
- 1981 is unsustainable
- Inflicting major penalty without giving opportunity violates principles of natural justice
- Where interim relief remains unchallenged and petition pending for long
- court may grant relief despite alternative remedy
