Case Note & Summary
The petitioner, Gajanan Narayan Jadhao, was appointed as an Assistant Teacher on 1 December 1998 in a school run by the respondent society, Shri Shivaji Education Society. In February 2009, he was promoted as Headmaster. While serving as Headmaster, he was suspended by the Vice President under a resolution of the managing committee. On 12 April 2011, respondent No.4, as Secretary of the society, issued a chargesheet and statement of allegations to the petitioner, calling for his explanation. The petitioner objected to the disciplinary enquiry on the ground that it was not initiated by the President of the society, as required under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 (MEPS Act) and the Rules framed thereunder. Despite his objection, the enquiry proceeded and the petitioner was terminated from service. The petitioner appealed to the School Tribunal, Amravati, which dismissed his appeal. Aggrieved, the petitioner filed a writ petition in the Bombay High Court. The court considered the issue of whether the disciplinary enquiry was validly initiated. The court noted that under Section 5 of the MEPS Act, disciplinary proceedings must be initiated by the President of the managing committee. Since the enquiry was initiated by the Secretary, it was not in accordance with the Act. The court held that the termination was illegal and set aside the order of the School Tribunal. The court directed the respondents to reinstate the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement. The writ petition was allowed.
Headnote
A) Service Law - Termination of Employment - Validity of Disciplinary Enquiry - Section 5 of Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 - The petitioner, a Headmaster, was terminated after a disciplinary enquiry initiated by the Secretary instead of the President of the managing committee. The court held that the enquiry was not in accordance with the MEPS Act as the President must initiate the proceedings. The termination was set aside and the petitioner was directed to be reinstated with continuity of service and 50% back wages. (Paras 1-5)
Issue of Consideration
Whether the disciplinary enquiry and subsequent termination of the petitioner were valid when the enquiry was initiated by the Secretary and not the President of the managing committee, in violation of the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977.
Final Decision
The writ petition is allowed. The order of the School Tribunal is set aside. The respondents are directed to reinstate the petitioner with continuity of service and 50% back wages from the date of termination till reinstatement.
Law Points
- Termination of employee without valid disciplinary enquiry is illegal
- Enquiry must be initiated by President of managing committee as per MEPS Act
- Section 5 of MEPS Act requires President to initiate disciplinary proceedings
- School Tribunal's order upholding termination set aside
