Case Note & Summary
The judgment involves two writ petitions arising from the same order of the School Tribunal, Latur, dated 23.1.2014, which partly allowed Appeal No.13 of 2009 filed by the employee, Sharad Shridharrao Deshmukh, against his termination by the employer, Kai. Venkatrao Deshmukh Shilwanikar Shaikshanik va Samaji Sanstha and the Ashram School. The employee was appointed as an untrained teacher on 1.7.1999 and later as in-charge Headmaster. He had earlier approached the High Court for permission to undergo a postal D.Ed. course, which was granted, and later sought approval of his appointment, which was not granted due to lack of B.Ed. qualification. The employer terminated his services, leading to the appeal before the School Tribunal. The Tribunal set aside the termination on procedural grounds and directed the employer to conduct a de novo enquiry from the stage of issuance of charge-sheet. The employer challenged this order in Writ Petition No.2411 of 2014, arguing that the Tribunal should not have interfered. The employee challenged the same order in Writ Petition No.3152 of 2014, seeking reinstatement with full backwages and continuity of service, or alternatively, that he be treated as under suspension from the date of termination. The court heard both petitions together. The court analyzed the Tribunal's order and found that the termination was set aside due to procedural defects, not on merits. Therefore, the direction for a de novo enquiry was proper. The court held that the employee is not entitled to full backwages automatically and that the period after termination cannot be treated as suspension. The court dismissed both petitions, upholding the Tribunal's order.
Headnote
A) Service Law - Termination - De Novo Enquiry - School Tribunal set aside termination due to procedural defects and directed employer to conduct fresh enquiry from the stage of issuance of charge-sheet - Held that such direction is proper as the termination was not set aside on merits but due to violation of principles of natural justice (Paras 4-5). B) Service Law - Backwages - Reinstatement - Employee not entitled to full backwages automatically when termination is set aside on procedural grounds - Held that backwages are not automatic and must be considered based on facts (Para 4). C) Service Law - Suspension - Employee under suspension prior to termination cannot be treated as under suspension after termination when termination is set aside - Held that the period after termination cannot be treated as suspension (Para 4).
Issue of Consideration
Whether the School Tribunal was correct in setting aside the termination of the employee and directing a de novo enquiry, and whether the employee is entitled to reinstatement with full backwages or to be treated as under suspension from the date of termination.
Final Decision
Both writ petitions are dismissed. The order of the School Tribunal dated 23.1.2014 is upheld. The employer is directed to conduct a de novo enquiry from the stage of issuance of charge-sheet, and the employee is not entitled to full backwages or to be treated as under suspension from the date of termination.
Law Points
- Termination set aside due to procedural defects
- employer entitled to conduct de novo enquiry
- employee not entitled to full backwages automatically
- suspension prior to termination not to be treated as suspension after termination
