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VENKATA JYOTHIRMAI PRATAPA
Meka Rama Murthy, S/o. late Suryanarayana – Appellant
Versus
State of Andhra Pradesh School Education Department, represented by its Principal Secretary – Respondent
ORDER :
(Venkata Jyothirmai Pratapa, J.)
This Writ Petition is filed by the Petitioner, under Article 226 of the Constitution of India for the following relief:
2. The facts of the case, in brief, are as follows:
a. Petitioner was appointed as Attender in the Respondent No.4-School in the year 1994. He has applied leave from 15.12.2011 for a period of 17 days and thereafter, he applied leave on loss of pay from time to time, till 2016 on domestic grounds. The said leave was accepted by Respondent No. 4-School authorities. Petitioner shifted his residence from Vegayammapeta to Payakaraopeta, Visakhapatnam District., in February, 2013.
b. He received a notice dated 28.03.2018 from the Respondent No.4 School authorities d
Termination of service without inquiry and prior approval violates statutory provisions and principles of natural justice.
Private educational institutions must obtain permission from the competent authority before taking action against their employees, as per Section 79(1) of the A.P. Education Act, 1982.
The dismissal of an employee for unauthorized absence is justified when procedural requirements are met, despite claims of improper procedure by the employee.
The Court emphasized that it does not act as an appellate authority to re-appreciate the evidence and that the disciplinary authority is the sole judge of facts. The Court also highlighted that the s....
Disciplinary proceedings must adhere to established procedural rules to ensure fairness; non-compliance results in invalidation of penalties.
The main legal point established is the requirement for fair and just enquiry proceedings in cases of termination, ensuring the principles of natural justice are upheld.
The court established that compliance with procedural requirements under the Gujarat Higher Secondary School Services Tribunal Act is essential for valid dismissal of a teacher.
Unauthorized absence from duty without prior permission or timely communication justifies dismissal under applicable regulations.
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