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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Panchashil Primary School – Appellant
Versus
Nanda Balasaheb Shinde – Respondent
JUDGMENT :
GAURI GODSE, J.
1. The Writ Petition No. 3267 of 2007 is filed by the school and the management to challenge the order passed by the school tribunal on 16th March 2007, allowing the appeal filed by respondent no. 1 (teacher) to challenge the termination order dated 26th May 2006. The school tribunal has set aside the termination order and directed reinstatement with full backwages. Considering the conduct of the petitioners, the Education Officer, Thane Municipal Corporation School Board was directed that if the backwages are not paid by the petitioners, all the dues payable to the teacher should be deducted from the grant payable to the management and shall be directly paid to the teacher. A copy of the judgment, was sent to the Education Officer, the Deputy Director, Government of Maharashtra and the Director of Education, Government of Maharashtra. It is necessary to reproduce the orders and directions issued by the tribunal.
2. By the order impugned in Writ Petition No. 3267 of 2007, the termination order dated 26th May 2006 is set aside by issuing the following directions :
ORDER
“The appeal is allowed.
The termination order dated 26.05.2006 is hereby set aside.
The respon
Under Article 227, High Court cannot interfere with school tribunal's setting aside of prejudiced disciplinary inquiry where findings mismatch framed charges, absent perversity or natural justice vio....
Allegations against an employer must be substantiated; failure to do so can result in justified dismissal for misconduct.
Tribunal has exceeded its jurisdiction by setting aside the dismissal order of the respondent No.1 in view of the charges, which were proved against him.
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 inquiry against the employee was invalidated due to bias, emphasizing the necessity of impartiality and the burden on the employer to prove non-employment for back wages.
Point of Law - In view of the above provisions of the Act, 1972 it emerges that due to fault of the management of the School the petitioner cannot be penalized by not granting the protection under Se....
The Tribunal lacks the authority to re-appreciate evidence or modify penalties unless there is a violation of natural justice; the inquiry must be conducted in accordance with the statutory provision....
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