Case Note & Summary
The petitioners, Sindhu Education Society and Mahatma Gandhi Centennial Sindhu High School, challenged the judgment and order dated 19.06.2015 passed by the School Tribunal in Appeal No. STN/29/2009. The dispute arose from the termination of the respondent, Smt. Meeta Bachar, who was a probationary employee. In an earlier round of litigation (W.P. No. 5493 of 2014 decided on 28.01.2015), the High Court had held that since the employee was paid salary in lieu of notice, the question of one month's notice did not arise, and being a termination of a probationer under Section 5(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act), no enquiry was required. The matter was remanded to the Tribunal to consider the case in light of Section 5(3) read with Rule 15 of the M.E.P.S. Rules. However, the Tribunal, in its impugned order, held that the termination was ex facie punitive and required an enquiry, without considering the provisions of Section 5(3) and Rule 15. The High Court, upon perusal of the termination order, found it to be a simplicitor termination without any stigma. The court observed that there was nothing wrong in making explicit what is implicit in the power under Section 5(3). Consequently, the High Court allowed the writ petition, quashed the Tribunal's order, and remanded the matter back to the School Tribunal for fresh consideration in light of the earlier judgment and the present judgment. The parties were directed to appear before the Tribunal on 24.04.2017, and the Tribunal was directed to decide the matter within three months thereafter. No order as to costs.
Headnote
A) Service Law - Termination of Probationary Employee - Section 5(3) of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (M.E.P.S. Act) read with Rule 15 of the M.E.P.S. Rules - Termination simplicitor without stigma does not require an enquiry - The court held that the termination order was simplicitor and did not cast any stigma, and the Tribunal failed to consider the case under Section 5(3) and Rule 15. The earlier judgment had already clarified that no enquiry is required for termination of a probationer under Section 5(3) (Paras 2-3).
Issue of Consideration
Whether the School Tribunal erred in holding that the termination was punitive and required an enquiry, without considering the provisions of Section 5(3) of the M.E.P.S. Act and Rule 15 of the M.E.P.S. Rules.
Final Decision
The writ petition is allowed. The judgment and order dated 19.06.2015 passed by the School Tribunal in Appeal No. STN/29/2009 is quashed and set aside. The matter is remitted back to the School Tribunal to decide the matter afresh, keeping in view the observations made by this Court in the earlier judgment as well in this judgment. The parties to appear before the School Tribunal on 24.04.2017. The Tribunal to decide the matter within a period of three months thereafter. Rule made absolute in above terms. No order as to costs.
Law Points
- Termination of probationary employee under Section 5(3) of M.E.P.S. Act is simplicitor if no stigma is cast
- no enquiry required
- payment of salary in lieu of notice suffices
