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M. R. SHAH, C. T. RAVIKUMAR
Gajanand Sharma – Appellant
Versus
Adarsh Siksha Parisad Samiti – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.05.2022 passed by the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Special Appeal Writ Nos. 1077/2005 (filed by the management) and 826/2011 (filed by the employee), by which the Division Bench of the High Court has allowed the appeal preferred by the respondent(s) herein - management and has quashed and set aside the judgment and order passed by the learned Single Judge and the order passed by the learned Tribunal quashing and setting aside the order of termination dated 06.08.1998 and consequently upheld the same, the employee has preferred the present appeals.
2. The facts leading to the present appeals in a nutshell are as under: -
2.1 That the appellant herein - employee was serving with respondent Nos. 1 and 2. A disciplinary enquiry was initiated against him under provisions of the Rajasthan Non-Governmental Educational Institutions Act, 1989 (hereinafter referred to as the Act, 1989). That thereafter on conclusion of the departmental enquiry services of the appellant came to be terminated which was the subject matter of challenge before the learned Trib
In case of termination of an employee of a recognized institution prior approval of Director of Education or an officer authorised by him in this behalf has to be obtained.
Prior approval from the Director of Education is mandatory for the termination of employees in recognized institutions, emphasizing the importance of due process and adherence to statutory provisions....
The main legal point established in the judgment is that the prior approval of the Director of Education is mandatory for the termination/removal of an employee of a recognized institution under Sect....
Termination of an employee under the Rajasthan Non-Government Educational Institutions Act requires prior approval from the Director of Education, ensuring procedural safeguards are followed.
The main legal point established in the judgment is the mandatory requirement of prior approval from the Director of Education for termination of an employee of a recognized private school, as provid....
Suspension orders without prior approval from the Director of Education lapse after 15 days, ensuring employee protection under the Delhi School Education Act.
Dismissal without prior approval of DOE under Section 8(2) of the Delhi School Education Act, 1973 is not sustainable.
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