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H. S. THANGKHIEW
Phlanstar Kharsohnoh – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. The petitioner is seeking a mandamus for quashing of the disciplinary proceedings initiated by the respondent No. 3 and to allow him to join the service, and also for release of the outstanding arrears from the period of 14.08.2015 till the date of joining. Further, a prayer has been made for release of subsistence allowance as admissible.
2. It is noted that this is a second round of litigation entered into by the petitioner, questioning the termination of his service by the respondent School (respondent No. 3).
3. In the earlier round being WP(C) No. 104 of 2017, this Court by order dated 12.07.2018 while disposing of the same had issued specific directions to the Managing Committee which is contained at Para-10 of the said judgment, and is reproduced hereinbelow:-
'10. The Managing Committee shall take a decision regarding release of withheld salary w.e.f. 1st March, 2013 to 13th August, 2015 within 15 days. The Managing Committee shall initiate action whatever permissible under rules regarding the alleged disappearance/absence from duty of the petitioner from 14th August, 2015 till date, and also to initiate enquiry if they so chose in the light of the complaint so rece
The court emphasized the necessity of concluding disciplinary proceedings within a specified time, emphasizing the connection between suspension and misconduct allegations.
The central legal point established in the judgment is the requirement of prior approval for the termination of a Group 'D' employee, as mandated by Rule 21 of the Uttar Pradesh Recognized Basic Scho....
The court emphasized the importance of providing a reasonable opportunity for the defense in disciplinary proceedings and considered the Writ Petitioner's consent to forego backwages in reaching its ....
The disciplinary and appellate authorities must consider the petitioner's contentions and apply their minds when passing orders. The entitlement to back wages is discretionary and should be determine....
An employee wrongfully terminated without a proper enquiry is entitled to be treated as under deemed suspension and receive subsistence allowance during the period of the enquiry, ensuring protection....
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