Termination of educational staff requires adherence to statutory processes outlined in Section 79 of the Andhra Pradesh Education Act, including prior approval and conducting a proper enquiry.

ORDER :

NYAPATHY VIJAY, J.

1. The present Writ Petition is filed questioning termination of Petitioner by Respondent No.3 vide Order dated 31.05.2023 without complying with Section 79 of the Andhra Pradesh Education Act, 1982.

2. The facts leading to filing of the present Writ Petition are as follows;

The Petitioner was appointed as Assistant Professor in the Department of MBA in Aditya Institute of Technology & Management, Tekkali, Srikakulam District. After due process of selection, an appointment order was issued to the Petitioner by Respondent No.3 vide Ref.No.AITAM/Estt., Technology/2009-10, dated 06.05.2010. The Petitioner was being paid consolidated pay of Rs.15,000/- per month contrary to the scale fixed for the post of Assistant Professor. In spite of the same, the Petitioner was regularly attending the work and was also awarded Ph. D., in the year 2021.

3. While so, Respondent No.3 issued a show-cause notice on 06.04.2023 calling for explanation as to why the services of the Petitioner should not be terminated. The Petitioner submitted a detailed explanation to the show-cause on 21.04.2023 and additional explanation on 14.05.2023 denying the allegations made in the show- cause notice. However, Respondent No.3 without conducting any enquiry terminated the services of the Petitioner vide impugned order dated 31.05.2023 on the ground that the explanation offered by the Petitioner was not satisfactory. Questioning the same, the present Writ Petition is filed.

4. Though notice was served to Respondent No.3, no Counter Affidavit was filed.

5. Sri Ravi Kondaveeti, learned Senior Counsel appearing for the Petitioner would submit that the impugned order is in violation of Section 79 of the Andhra Pradesh Education Act, 1982 as no prior approval was sought from the competent authority before issuing the impugned order. It is further contended that even otherwise, the impugned order of termination only on the ground that the explanation offered by the Petitioner is not satisfactory, cannot be sustained in the absence of full-fledged enquiry. The learned Senior Counsel would further contend that no reasons have been furnished by Respondent No.3 in the impugned order.

6. The issue that falls for consideration in this case is whether the impugned order can be sustained without compliance of Section 79 of the Andhra Pradesh Education Act, 1982?

7. Section 79 of the A.P. Education Act, 1982 provides for the manner in which a teaching or non-teaching employee in any private institution can be imposed a major penalty. Section 79 of the Act reads as under;

“79. Dismissal, removal or reduction in rank or suspension, etc., of employees of private institutions: -

(1) No teacher or member of the non-teaching staff employed in any private institution (hereinafter in this Chapter referred to as the employee') shall be dismissed, removed or reduced in rank except after an enquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges:

[Provided that no order of dismissal, removal or reduction in rank shall be passed under this sub-section against an employee other than an employee of a minority educational institution without the prior approval of such authority or Officer as may be prescribed for different classes of private institutions;

Provided further that the management may prefer an appeal against any order of the Officer or authority refusing approval under this sub-section to such authority or officer and within such period as may be prescribed] [Substituted by Act No. 27 of 1987, w.e.f. 1-6-1987.].

(2) An inquiry under sub-section (1) shall be completed within