Case Note & Summary
The petitioner, Prajesh Kumari, was appointed as Principal in a school run by respondent No.1. She was terminated from service by an order dated 29.02.2020 without any departmental inquiry. The petitioner challenged the termination by filing a writ petition under Articles 14, 16, 19, 21, and 226 of the Constitution of India, seeking quashing of the termination order and a stay on the advertisement dated 05.03.2020 for a new Principal. The petitioner argued that the termination was stigmatic and violated principles of natural justice as no inquiry was conducted. The respondent contended that the termination was simpliciter and not stigmatic. The court examined the termination order and found that it contained allegations of misconduct, making it stigmatic. The court held that the termination without inquiry was illegal and violative of natural justice. The court quashed the termination order, directed reinstatement with continuity of service, and awarded 50% back wages from the date of termination till reinstatement. The court also directed that the petitioner be paid the salary for the period she worked.
Headnote
A) Service Law - Termination - Principles of Natural Justice - Termination of a Principal without holding a departmental inquiry on allegations of misconduct is stigmatic and illegal - The court held that the impugned termination order dated 29.02.2020 was passed without any inquiry and thus violated principles of natural justice - The court quashed the termination order and directed reinstatement with continuity of service and 50% back wages (Paras 5-7).
Issue of Consideration
Whether the termination of the petitioner from the post of Principal without holding a departmental inquiry is violative of principles of natural justice and liable to be quashed.
Final Decision
The court quashed the termination order dated 29.02.2020, directed reinstatement of the petitioner with continuity of service, and awarded 50% back wages from the date of termination till reinstatement. The court also directed that the petitioner be paid salary for the period she worked.
Law Points
- Principles of natural justice
- termination without inquiry
- stigmatic termination
- violation of Article 14
- 16
- 21
- 226 of Constitution of India
