Case Note & Summary
The case involves a writ appeal filed by Rajarajeshwari Dental College and Hospital against an order of a learned Single Judge of the Karnataka High Court. The respondent, Dr. Sanjay Murgod, was an employee of the appellant-institution. The institution issued a termination notice dated 11.06.2021 terminating the respondent's services. The respondent challenged the termination in W.P.No.15873/2021. The learned Single Judge allowed the writ petition, voiding the termination notice and directing reinstatement with immediate effect. The Single Judge also directed payment of backwages at 25% of basic pay without emoluments for a period of twelve months, to be paid within four weeks. Liberty was reserved to the institution to seek prior approval of the competent authority before discharging the respondent from service. The appellant-institution appealed against this order. The Division Bench, consisting of the Chief Justice and Justice Krishna S Dixit, heard the appeal. The core legal issue was whether the termination was valid without prior approval under Section 8 of the Karnataka Private Educational Establishments (Discipline and Control) Act, 1975. The appellant argued that the termination was justified, but the court found that the institution had not obtained prior approval from the competent authority as mandated by the Act. The court held that the requirement of prior approval is mandatory and non-compliance renders the termination void. Consequently, the Division Bench dismissed the writ appeal, upholding the Single Judge's order of reinstatement and backwages. The court also reiterated the liberty granted to the institution to seek prior approval for any future action against the employee.
Headnote
A) Service Law - Termination - Prior Approval - Section 8 of Karnataka Private Educational Establishments (Discipline and Control) Act, 1975 - The appellant-institution terminated the respondent-employee without obtaining prior approval from the competent authority as required under Section 8 of the Act. The learned Single Judge voided the termination and ordered reinstatement with 25% backwages. The Division Bench upheld the order, holding that the requirement of prior approval is mandatory and non-compliance renders the termination void. (Paras 1-3) B) Service Law - Reinstatement - Backwages - Section 8 of Karnataka Private Educational Establishments (Discipline and Control) Act, 1975 - The court directed reinstatement with immediate effect and payment of backwages at 25% of basic pay without emoluments for twelve months. Liberty was reserved to the institution to seek prior approval for future discharge. (Paras 1-3)
Issue of Consideration
Whether the termination of the respondent-employee by the appellant-institution without prior approval of the competent authority under Section 8 of the Karnataka Private Educational Establishments (Discipline and Control) Act, 1975 is valid.
Final Decision
The Division Bench dismissed the writ appeal, upholding the learned Single Judge's order dated 24.01.2023. The termination notice dated 11.06.2021 was voided, and the respondent was directed to be reinstated with immediate effect. The appellant was directed to pay backwages at 25% of basic pay without emoluments for twelve months within four weeks. Liberty was reserved to the appellant to seek prior approval of the competent authority before discharging the respondent from service.
Law Points
- Termination without prior approval is void
- Reinstatement with backwages
- Section 8 Karnataka Private Educational Establishments (Discipline and Control) Act
- 1975
- Prior approval mandatory
- Writ appeal dismissed
