Case Note & Summary
The petitioner, Rajendra s/o Bhimrao Salunkhe, was employed as a Junior Clerk at Shri S.S. Patil Arts, Shri Bhausaheb T.T. Salunkhe Commerce and Shri G.R. Pandit Science College, Jalgaon, which is run by the respondent No. 1 society. He was terminated from service following a disciplinary inquiry. The petitioner challenged the termination by way of a writ petition under Article 226 of the Constitution of India. The respondents, including the college management and the State, opposed the petition. The court considered the facts and the inquiry proceedings. It found that the inquiry was conducted in accordance with the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the principles of natural justice. The court held that the termination was valid and dismissed the petition.
Headnote
A) Service Law - Termination - Disciplinary Proceedings - Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, Sections 5 and 7 - The petitioner, a Junior Clerk, was terminated from service after a disciplinary inquiry found him guilty of misconduct. The court examined whether the termination was valid and whether the inquiry complied with natural justice. Held that the inquiry was properly conducted and the termination was justified. (Paras 1-10)
Issue of Consideration
Whether the termination of the petitioner from the post of Junior Clerk was valid and in accordance with the provisions of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 and the principles of natural justice.
Final Decision
The writ petition is dismissed. The termination of the petitioner is upheld.
Law Points
- Termination of service
- Disciplinary proceedings
- Natural justice
- Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act
- 1977
- Section 5
- Section 7
