Case Note & Summary
The case involved an appeal by an employee against the termination of his services by the management of a non-governmental educational institution under the Rajasthan Non-Governmental Educational Institutions Act, 1989. The employee's termination was challenged on the grounds that the mandatory prior approval of the Director of Education was not obtained as required under Section 18 of the Act. The Tribunal initially set aside the termination order, which was confirmed by a Single Judge of the High Court. However, the Division Bench of the High Court quashed the Tribunal's order, leading to the present appeals. The appellant contended that the High Court failed to follow the binding precedent established in Raj Kumar v. Director of Education, which mandated prior approval for termination. The management argued that the termination followed a disciplinary enquiry, thus the requirement for prior approval did not apply. The Supreme Court analyzed the provisions of Section 18 and the relevant case law, concluding that the requirement for prior approval is applicable regardless of whether the termination follows a disciplinary enquiry. The Court restored the Tribunal's order, reinstating the employee with 50% back wages and all other benefits. The appeal concerning equal pay for equal work was remanded to the High Court for fresh consideration. The judgment emphasized the importance of adhering to judicial discipline and the binding nature of precedents (Paras 1-6).
Headnote
A) Employment Law - Termination of Employment - Requirement of Prior Approval - Rajasthan Non-Governmental Educational Institutions Act, 1989, Section 18 - The court held that prior approval of the Director of Education is mandatory before terminating an employee, regardless of whether the termination follows a disciplinary enquiry. The Division Bench of the High Court erred in not following the binding precedent set in Raj Kumar v. Director of Education, which established this requirement (Paras 5.5-5.6).
Issue of Consideration
Whether prior approval of the Director of Education is mandatory for termination of an employee under the Rajasthan Non-Governmental Educational Institutions Act, 1989 after a disciplinary enquiry.
Final Decision
The Supreme Court quashed the impugned judgment of the High Court restoring the order of termination, reinstated the appellant with 50% back wages, and remanded the appeal regarding equal pay for fresh consideration.
Law Points
- mandatory prior approval
- disciplinary enquiry
- termination of employment
- Rajasthan Non-Governmental Educational Institutions Act
- 1989
- judicial discipline
