Termination without a proper inquiry is illegal and stigmatic, necessitating reinstatement and adherence to principles of natural justice.

ORDER :

1. The instant writ application has been preferred by the petitioner praying therein for quashing and setting aside the letter dated 18.11.2022 issued by respondent no. 3; whereby the services of the petitioner have been terminated.

2. The petitioner has further prayed for a direction upon the respondents to reinstate the petitioner forthwith.

3. The brief fact of the case is that the respondent-authorities have issued advertisement inviting application for appointment on the post of Full Time Science Teacher in Kasturba Gandhi Residential Girl’s School on 22.06.2006. Thereafter, the petitioner submitted an application and vide letter dated 08.10.2006, the petitioner was appointed as a Teacher in the subject of Science in Kasturba Gandhi Residential Girl’s School, Satbarwa and an agreement was executed between the petitioner and the respondents with certain terms and conditions. Pursuant thereto, the petitioner gave her joining. On 09.06.2020, the petitioner was also given an additional charge of Warden (Principal) of the school.

In contemplation to some complaint on 05.11.2022, the respondents issued first show-cause notice to the petitioner vide Annexure-5 to which the petitioner duly replied to the allegation made in the show-cause and finally vide Annexure-7 the respondents have issued the impugned letter; whereby the petitioner has been terminated from service. Though the petitioner made representation against the aforesaid termination order but all went in vain.

4. At the outset, learned counsel for the petitioner submits that the ground taken in the counter affidavit that the period of agreement between the petitioner and the respondent-authorities has come to an end does not find place in the impugned letter and it is well settled principle that the affidavit cannot supplement the grounds of the order. He further submits that after perusing the impugned letter of termination it clearly transpires that there is a complete non-application of mind, no reason has been assigned and the reply filed by the petitioner has not at all been discussed.

He further contended that since the order is stigmatic in nature; as such in view of the order passed by the Hon’ble Apex Court in Dr. Vijayakumaran C.P.V. v. Central University of Kerala & Ors. (2020) 12 SCC 426 a full-fledged enquiry is required. He reiterated that no full-fledged enquiry has been done in the instant case.

Learned counsel has also taken the ground of parity by saying that in the case of similarly situated employee of Kasturba Gandhi Residential Girl’s School, Garhwa; several teachers faced the same charge but they were not terminated from service. He referred to supplementary affidavit especially paragraph no. 3 and submits that even on the ground of parity petitioner’s case should be reconsidered.

5. Learned counsel for the respondents supports the impugned letter and submits that show-cause notice was given to the petitioner to which she duly replied, however, learned counsel could not dispute the fact that none of the grounds taken by the petitioner has been considered by the disciplinary authority.

6. Having regard to the aforesaid facts and circumstances and after going through the impugned letter, it is evident that there is a complete non-application of mind in passing the impugned order of termination by the disciplinary authority, inasmuch as, the grounds taken by the petitioner in reply to the show-cause notice has not at all been considered.

It is also relevant to indicate that the ground of lapse of agreement which has been taken in the counter affidavit cannot be accepted by this Court in view of the settled proposition laid down in ABL International v. Export Credit Guarantee Corporation of India, (2004) 3 SCC 553 wherein it has been held that the State should act fairly.

7. In the instant case, after perusing the impugned order of termination, I don’t have any hesitation in holding that the impugned order is stigmatic in nature. Thus, a full-fledged en