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SUJIT NARAYAN PRASAD
Naijel Shane Phillips @ Nigel Phillips S/o H. E. Phillips – Appellant
Versus
Managing Committee through Leader of Management-cum-Appointing Authority, Smt. Daljeet Kaur, Guru Govind Singh Public School – Respondent
ORDER :
1. Heard the parties.
2. The instant appeal is under Section 15 of the Jharkhand Education Tribunal Act, 2005 (hereinafter to be referred to as the Act, 2005) whereby and whereunder the order dated 13.09.2011 passed in Case No. 47/2010 (JET) by the Jharkhand Education Tribunal, Ranchi is under challenge whereby and whereunder the order of separation from service by way of termination vide office order dated 18.09.2010 has been refused to be interfered with.
3. Brief facts of the case as per the pleadings made in the memo of appeal, which are required to be enumerated, read as under:
The appellant has successfully completed one year of probation period as Vice Principal of the School and as per the appointment letter, after completion of one year of probation period, his service in the post of Vice Principal was to be considered for confirmation.
The appellant had been working continuously since the date of his appointment and no complaint was ever made by the respondents for his ability and performance of his du
The main legal point established is that in cases of termination of service, the principle of natural justice must be followed, and if the order of termination suffers from any stigma, the requiremen....
Termination under CCS (Temporary Service) Rules Rule 5(1) is punitive if founded on specific misconduct without formal enquiry, even if order appears simpliciter; requires reinstatement with liberty ....
If misconduct is the foundation to pass the order, then an enquiry into misconduct should be conducted and an action according to law should follow. But if it is (sic) notice, it is not incumbent upo....
Termination of services must comply with statutory requirements of notice or salary in lieu, and failure to do so renders the order illegal.
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