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MANJU RANI CHAUHAN
Pushpa Srivastava – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Manju Rani Chauhan, J.
1. Heard Mr. Radha Kant Ojha, learned Senior Counsel assisted by Mr. Sunil Kumar Srivastava, learned counsel for the petitioner, Mr. Santosh Kmar Tripathi, learned counsel for respondent nos. 5 & 6 and Mr. Anil Kumar Singh Baghel, learned Additional Chief Standing Counsel for the State-respondents.
2. The writ petition has been filed with the following prayer:-
(ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to interfere in the peaceful functioning of petitioner as Principal in the institution and pay her arrears of salary as well as regular salary and continue the same month to month.
(iii) Issue any other suitable writ, order or direction in favour of the petitioner as this Hon’ble Court may deem fit and proper in the present facts and circumstances of the case.
(iv) Award the cost of the petition in favour of the p
The termination order was found to be arbitrary, unjust, and against the principles of natural justice, leading to its setting aside and the reinstatement of the petitioner.
Appointments obtained through forged documents are void ab initio, and failure to comply with verification processes undermines claims to employment despite long service, reaffirming minority institu....
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
Disciplinary proceedings against educational staff require an approved Scheme of Administration; absence of such approval renders termination orders void.
Material amounting to stigma need not be contained in the termination order but might be contained in any document referred to in the termination order, and the principles of natural justice must be ....
Termination of a probationary employee for unsatisfactory performance is lawful and non-stigmatic, requiring no formal inquiry or prior warning.
Termination of a probationary employee is lawful if principles of natural justice are followed and performance is deemed unsatisfactory.
Procedural compliance with Regulations 35 to 37 of the U.P. Intermediate Education Act is essential in conducting inquiry proceedings and issuing termination orders.
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