K.G.BALAKRISHNAN, M.JAGANNADHA RAO
HIRAN MAYEE BHATTACHARYYA – Appellant
Versus
S. M. SCHOOL FOR GIRLS – Respondent
( 1 ) LEAVE granted.
( 2 ) HEARD learned counsel for the appellant and learned Senior Counsel for the respondents.
( 3 ) IT is true that the termination relates to a period before the decision in the case of Union of India v. Mohd. Ramzan Khan was rendered, but, at the same time sub-rule (8) of Rule 28 of the Management for Recognised non-Government Institutions (Aided and Unaided) Rules, 1969 requires principles of natural justice to be followed. Obviously the said principles of natural justice would include furnishing of the inquiry report.
( 4 ) WE, therefore, direct the disciplinary authority to furnish a copy of the enquiry report to the appellant and then permit her to submit her representation/explanation to the same and pass final orders thereafter. However, this will not lead to reinstatement or to back wages inasmuch as this Court has decided in the case of Managing Director, ECIL, Hyderabad v. B. Karunakar that there need be no reinstatement nor back wages need be paid when the Court directs that the principles of natural justice should be followed. We, therefore, remit the matter to the disciplinary authority, being secretary, Shibarampur Madhyamik High School for Girls
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