Back
Supreme Court of India
SURINDER SINGH NIJJAR, H.L. GOKHALE
Ramesh Ahluwalia
Versus
State of Punjab & Others
CIVIL APPEAL NO. 6634 OF 2012 (Arising out of SLP(C) No.7232/2011)
Decided on : 13-09-2012
Constitution of India, 1950 - Article 226 – Quash - Appointment an Inquiry Officer - Appellant complains that without granting any opportunity of being heard February he was downgraded and transferred to another school to work as an Assistant - This order was also passed by Principal - Again on submitted further affidavit regarding her complaint - Therefore Memorandum Charge sheet was served upon Appellant Bye Central Board of Secondary Education Affiliation Bye Laws - After obtaining explanation of Appellant Manager of Managing Committee school being Disciplinary Authority appointed an Inquiry Officer and regular inquiry was against Appellant court may notice here that Principal Sharma appeared before the Inquiry Officer as Management Witness – Ultimately charges were said to have been proved against Appellant –Held, Case of management it was not appropriate for Sharma to participate in proceedings of Disciplinary Committee - Given background of allegations made by appellant at all stages of enquiry not only against principle but also Manager of School it was necessary for her to disassociate from proceedings to nullify any plea apprehended bias - Furthermore, when the appeal was being decided by Disciplinary Committee with regard to the legality or otherwise of the order passed by Disciplinary Authority decision of Disciplinary Committee not only had to be fair but it also had to appear to be fair - This is in conformity with principle that justice must not only be done but must also appear to be done - Actual and demonstrable fair play must be hallmark of proceedings and decisions administrative and quasi judicial tribunals - In particular when decisions taken by these bodies are likely to cause adverse civil consequences to persons against whom such decisions are taken order of removal was passed court are of opinion that it would be inappropriate at this stage to relegate appellant back to Disciplinary Committee - In interest of justice court permit appellant to challenge order of Disciplinary Authority January before Punjab School Education Tribunal - Appeal shall be filed by appellant within thirty days from today - Since order of Disciplinary Authority was passed on January appeal may well be beyond limitation period Keeping in view peculiar facts and circumstances of this case court direct that appeal filed by appellant shall be decided by aforesaid Education Tribunal on merits and same shall not be rejected on ground of limitation – Appeal disposed
Judgment :
Leave granted.
We have heard the learned counsel for the parties at length and also perused the entire records.
The Appellant Ramesh Ahluwalia was working as an Administrative Officer in the DAV Public School, Lawrence Road, Amritsar. He has been serving in that institution since 1st April, 1983. At the relevant time, the Appellant was working as an Administrative Officer, to which post he was promoted by order dated 1st August, 2005. It appears that one lady official Smt. Jaswinder Kaur made a complaint to the Principal of the School on 28th November, 2006 about the alleged misconduct of the Appellant on 17.11.2006. On the basis of the aforesaid misconduct, the Appellant was issued a warning letter by the Principal Smt. Neera Sharma on 9th December, 2006. On 21st December, 2006, Smt. Jaswinder Kaur made another written complaint addressed to the Manager.
The Appellant complains that without granting any opportunity of being heard, on 1st February, 2007 he was downgraded and transferred to another school to work as an Assistant. This order was also passed by Principal Smt. Neera Sharma. Again, on 8th February, 2007, Smt. Jaswinder Kaur submitted a further affidavit regarding her complaint. Therefore, a Memorandum/ Charge-sheet dated 17th March, 2007 was served upon the Appellant under Bye-law 47 of the Central Board of Secondary Education Affiliation Bye-Laws. After obtaining the explanation of the Appellant, the Manager of the Managing Committee of the school, being the Disciplinary Authority, appointed an Inquiry Officer and a regular inquiry was held against the Appellant.
We may notice here that the Principal Smt. Neera Sharma appeared before the Inquiry Officer as Management Witness No.2. Ultimately, the charges were said to have been proved against the Appellant. Subsequently, the Inquiry Report was served on the Appellant and he was given an opportunity to make a representation against the same. The Appellant submitted his representation detailing his various contentions. Upon consideration of the entire matter, it appears that the Disciplinary Authority passed an order on 8th January, 2008 directing the Appellant to be removed from service.
Against the aforesaid order of removal, the Appellant submitted an appeal before the Disciplinary Committee under Bye-Law 49 of the CBSE Affiliation Bye-Laws. Bye-Law 49 of the said Bye-Laws provides as under:
“49. Disciplinary Committee
1) In case the employee wishes to appeal against the order of the Disciplinary Authority, the appeal shall be referred to a Disciplinary Committee. The Disciplinary Committee shall consist of the following:
(a) The Chairman of the School Managing Committee or in his absence any member of the Committee, nominated by him.
(b) The Manager of the school, and where the disciplinary proceedings is against him/her any other person of the Committee nominated by the Chairman.
(c) A nominee of the Board appropriate authority. H/she shall act as an adviser.
(d) The Head of the school, except where the disciplinary proceeding is against him/her, the Head of any other school nominated by the CBSE or Director of Education in case the Act so provides.
(e) One teacher who is a member of SMC of the school nominated by the Chairman of the Committee.
2) The Disciplinary Committee shall carefully examine the findings of the inquiry officer reasons for imposing penalty recored by the Disciplinary Authority and the representation by the employee and pass orders as it may deem fit.”
A perusal of the aforesaid Bye-Law clearly shows that an order of the Disciplinary Authority can be challenged before the Disciplinary Committee by way of filing an appeal. The constitution of the Disciplinary Committee includes, amongst others, Head of the school. In accordance with the aforesaid Bye-law, the Appellant duly submitted an appeal but the same was rejected by the Disciplinary Committee on 18th/19th of December, 2008.
Aggrieved by the aforesaid decision, the Appe
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
