Sindhu Education Society & Anr. vs Meeta & Anr.

Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

In the earlier round of litigation, in W.P.No. 5493 of 2014, decided on 28.01.2015, this Court held that the question of giving of one month''s notice of termination does not at all arise as the employee was paid salary in lieu of notice and since it was a case of termination of probationary in exercise of powers under subsection (3) of Section 5 of the M.E.P.S. Act, the question of holding an enquiry also does not arise. The Court remanded the matter back to the Tribunal with a direction to consider the case in the light of the provisions of subsection (3) of Section 5 read with Rule 15 of the M.E.P.S. Rules.

Perusal of the judgment and order passed by the School Tribunal, which is impugned in the petition, shows that the Tribunal has held that the termination is ex facie punitive in nature and therefore, the enquiry was required to be conducted. The Tribunal does not consider the case on the basis of subsection (3) of Section 5 and Rule 15 of the M.E.P.S. Rules. Perusal of the order of termination shows that it was a simplicitor termination without casting any stigma. There is nothing wrong in making explicit what is implicit in the power subsection (3) of Section 5 of the M.E.P.S. Act, in effecting termination. The judgment and order impugned cannot, therefore, be sustained. The same will have to be quashed and set aside with an order of remand.

In the result, the writ petition is allowed. The judgment and order dated 19.06.2015 passed by the School Tribunal in Appeal No. STN/29/2009 is hereby quashed and set aside. The matter is remitted back to the School Tribunal to decide the matter afresh, keeping in view the observations made by this Court in the earlier judgment as well in this judgment. The parties to appear before the School Tribunal on 24.04.2017. The question of issuing fresh notices to the parties does not at all arise. The Tribunal to decide the matter within a period of three months thereafter. Rule made absolute in above terms. No order as to costs.