IMPORTANT POINT
Allegations against an employer must be substantiated; failure to do so can result in justified dismissal for misconduct.

JUDGMENT :

Vaibhavi D. Nanavati, J.

1. Heard Mr. H.D. Vasavada, the learned advocate appearing for the petitioners, Mr. A.K. Clerk, the learned advocate appearing for the respondents No.1 and 2 and Ms. Nidhi Vyas, the learned AGP appearing for the respondents No.3 to 5.

2. By way of present petition, the petitioner herein has challenged the impugned CAV common judgment and order dated 17.10.2003 passed below Application Nos.249/2001, 261/2000 and Appeal No.3/2002 by the learned Gujarat Higher Secondary Education Services Tribunal whereby by the said order the Tribunal has declined to interfere in the decision of the respondents No.1 and the petitioner – applicant was held guilty of misconduct and further directed to consequent punishment. Pursuant to the said impugned order passed by the Tribunal dated 17.10.2003 the respondents No.1 and 2 passed the order of dismissal qua the petitioner herein.

3. Briefly stated, the petitioner herein was an employee of the respondents No.1 and 2, imparting service as a teacher in the respondent School. The petitioner herein filed complaints against the Principal of the School and the School Management before the District Education Officer i.e. respondent No.3 (at page-145) and Charity Commissioner – respondent No.5 (at page-167).

3.1 Pursuant to the aforesaid complaints, the petitioner herein also filed a Public Interest Litigation being Special Civil Application No.7565 of 1999 on the same allegations which came to be disposed of by order dated 11.10.1999 wherein the said Special Civil Application was not entertained, however liberty was reserved in favour of the petitioner herein to prefer representation to the District Education Officer, Ahmedabad city and the Charity Commissioner, wherein the said representations were pending. Accordingly both the authorities considered the complaint filed by the petitioner herein and both the authorities held that upon inquiry no irregularity or infirmity could be said to have been committed by the respondents No.1 and 2.

3.2 In light of the aforesaid facts, which are undisputed the respondents No.1 and 2 initiated inquiry against the petitioner herein from 4.10.2001 till 30.4.2002 (Annexure-J) page-435. The Inquiry Report is duly produced at page-438 of the petition, wherein in the findings recorded in the Inquiry Report the petitioner to be guilty. In view thereof, upon approval by the District Education Officer (page-351) the respondents No.1 and 2 ordered termination of service of the petitioner on 23.8.2002 (page-364).

3.3 Being aggrieved by the impugned order of termination dated 23.8.2002 the petitioner herein approached the Tribunal challenging the said order.

3.4 The Tribunal had upon considering the facts, position of law and the evidence on record thought it fit not to interfere in the decision of the petitioner by order dated 23.8.2002, as referred above.

4. In view thereof, the petitioner is constrained to approach this Court and has prayed for the following reliefs :-

“(A) to issue a writ of mandamus and/or any other writ, order or direction in the nature of mandamus, prohibition, certiorari or the like by quashing and setting aside the impugned judgment and order dated 17.10.2003 (CAV) passed as a common judgment below Application Nos.249/2001, 261/2000 and Appeal No.3/2002 by the Ld. Gujarat Higher Secondary Education Services Tribunal Judge Mr. D.V. Mehta, J. and/or.

(B) Your Lordships be pleased to quash and set aside the impugned order of illegal termination passed by the School Management Authorities and approved by the Higher Education Commissioner with further direction to the respondent school management authorities to forthwith reinstate the petitioner to his original post with retrospective effect and with arrears of wages alongwith reasonable interest on the same with continuity of service, etc.,

and/or

(C) during the pendency of this writ petition, by way of interim relief Your Lordships be pleased to grant interim relief by directing the