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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, SANJAY PRASAD
Vidya Bharti Chinmaya Vidyalaya – Appellant
Versus
Subra Palit W/o S.K. Palit – Respondent
| Table of Content |
|---|
| 1. background of termination and domestic enquiry proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. management's perspective on proceedings and appeal. (Para 7 , 8 , 9 , 10 , 11) |
| 3. distinction of charges and judicial review of tribunal. (Para 12 , 13 , 14 , 15) |
| 4. legal arguments presented by both parties. (Para 18 , 19 , 21 , 22 , 23) |
| 5. observations on the principles of natural justice. (Para 24 , 25 , 26 , 27 , 28) |
| 6. mandatory nature of natural justice in employment law. (Para 29 , 30 , 31 , 32) |
| 7. defense's arguments regarding unfairness in enquiry. (Para 33 , 35 , 36 , 37) |
| 8. back wages and the presumption of wrongful termination. (Para 60 , 62 , 64 , 68) |
| 9. conclusion and order dismissing the appeal. (Para 72 , 73) |
ORDER :
1. The instant appeal is under Section 15 of the Jharkhand Education Tribunal Act, 2004 directed against the judgment dated 03.08.2018 passed in A.C. (SB) No.15 of 2014 whereby and whereunder the appeal has been dismissed upholding the judgment passed by the Jharkhand Education Tribunal dated 01.09.2014 by which while allowing the appeal, the order of termination passed by the Chairman, Vidya Bharti Chinmaya Vidyalaya, Jamshedpur has been set aside with
The court upheld the principle that failure to adhere to natural justice, particularly the right to cross-examine key witnesses in disciplinary proceedings, invalidates termination, warranting reinst....
The main legal point established in the judgment is the violation of employee rights under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the rules fra....
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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