IMPORTANT POINT
The court established that the principles of natural justice must be strictly followed in employment termination cases, particularly in the context of private educational institutions, and that the appellate authority must not act as an investigator but as an impartial adjudicator.

JUDGMENT

Sashikanta Mishra, J.

The petitioner was appointed as a Hindi Teacher in Sri Jagannath High School at Odopainga in the district of Jagatsinghpur on 01.08.1988 by order of management of the said School. She continued as such till the year 1995 when the Secretary, allegedly intending to give appointment to the wife of one Prasanta Kumar Swain, abruptly prevented her from putting her signature in the attendance register, even though she was discharging her duties as before. Ultimately, she was prevented from discharging her duties from the first week of October, 1996. An advertisement was issued in newspaper by the School Management for appointment of Hindi Teacher on 20.10.1996. The petitioner approached this Court challenging such advertisement in OJC No. 12669 of 1996. By order dated 19.11.1996, a Division Bench of this Court passed an interim order directing the petitioner to take part in the interview scheduled to be held on the next date (20.11.1996) without prejudice to her case and that the result of the interview shall not be declared without leave of the Court. It is alleged that being fully aware of the proceeding before this Court, the School Management issued appointment order in favour of one Sanghamitra Nayak, the present opposite party No.4 showing the same to have been issued prior to 19.11.1996. The aforementioned writ application was ultimately heard and disposed of by order dated 27.01.2003 granting liberty to the petitioner to approach the Director, Secondary Education by way of an appeal in terms of the 1983 Circular. The following order inter alia was passed.

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In view of the pleadings of the parties, since disputed question of facts arise for consideration and the School in question is purely a private, unaided School, we think it appropriate that if the petitioner approaches the Director, Secondary Education by way of an appeal in terms of 1983 Circular, the Director will be in a better position to enquire into the matter and resolve the dispute.

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Pursuant to such order of this Court, the petitioner filed an appeal before the Director, Secondary Education, Orissa being Appeal Case No. 8 of 2003.

The petitioner took a specific stand that she was not allowed to put her signature in the attendance register in the year 1995 and was prevented from discharging her duties from the first week of October, 1996, which amounts to termination of service. It was further alleged that such termination of service not having been done in adherence to the principles of natural justice, is bad in law. It was specifically alleged that the Management had not initiated any proceeding against her nor sought for her explanation nor issued any show cause notice or order of termination. As such, according to the petitioner, the principles of natural justice were grossly violated.

The appellate authority directed the Inspector of Schools, Jagatsinghpur to cause an enquiry and to submit report whether any show cause notice and order of termination was communicated to the petitioner by the School Management. The Inspector of Schools did not cause any enquiry but collected some affidavits of different persons and produced the same before the appellate authority stating that notices were served on the petitioner through post and peon of the School. The appellate authority took note of the report including the affidavits produced by the Inspector of Schools, Managing Committee resolutions, attendance registers etc. and held that notices of the Managing Committee/Headmaster of the School were served on the petitioner including the order of termination. As such, it was held that the petitioner was terminated from service by following due procedure and the appeal was therefore, dismissed. Assailing the order of the appellate authority, copy of which has been enclosed as Annexure-10, the petitioner has approached this Court in the present application seeking the following relief;

'Under the above circumstances, it is there