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Judgment
By way of the present petition, the petitioner who is working as an Incharge Principal has challenged the order dated 18.08.2026 (Annexure P/13) passed by the Chhattisgarh Diocese Board of Education, whereby her services have been terminated.
Learned counsel for the petitioner submits that the impugned termination order is contrary to the mandatory provisions contained under Section 6(a)(iii) of the Chhattisgarh Ashakiya Sikshan Sanstha (Adhyapakon Tatha Anya Karmchariyon ke Vetano ka Sandaya) Adhiniyam, 1978.
Referring to the said statutory provision, learned counsel submits that no teacher or other employee shall be dismissed, removed, or have their services terminated without the prior approval of the competent authority. It is further submitted that although a communication was subsequently sent to the District Education Officer, as apparent from Annexure P/13, no prior approval as mandated under Section 6(a)(iii) of the Act of 1978 was obtained from the competent authority before taking the decision to terminate the petitioner's services.
On the other hand, learned State counsel as well as the counsel appearing for respondent No. 4 fairly submit that prior to the issuance of Annexure P/13 and the termination of the petitioner's services, no such prior approval was accorded by the competent authority.
I have heard learned counsel for the parties and perused the records.
Upon hearing the submissions and upon a plain reading of Section 6(a)(iii) of the Act of 1978, it is evident that obtaining prior approval of the competent authority is a mandatory prerequisite before the dismissal, removal, or termination of the services of any teacher or employee. For the sake of convenience Section 6(a)(iii) of the Act 1978 is reproduced as under:
“6. Prohibition on creation of posts and appointments of staff and termination of services.-
Notwithstanding anything contained in any law for the time being in force or any rules, regulations, byelaws, statutes or regula- tions made thereunder, -
(a)on and from the appointed date,-
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(iii)no teacher or other employee shall be dismissed or removed from service or his services terminated without prior approval of the competent authority:
Provided that a teacher or other employee may prefer an appeal against his dismissal, removal or termination from service to an appellate authority as the State Government may, by notification, specify within thirty days from the date of receipt of the order by him and such authority may after holding such enquiry as it may deem fit in the manner prescribed, may either set aside or confirm or modify the said order and pending the disposal of appeal, the appellate authority may also stay the operation of order on such grounds, as it thinks fit;
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From the aforesaid provision it is quite vivid that no teacher or other employee shall be dismissed or removed from service or his services terminated without prior approval of the competent authority, whereas, in the case at hand, the respondents categorically admitted that the said provision has not been complied with in its true perspective.
Since the admitted position on record as conceded by the respondents is that no such prior approval was obtained before issuing the impugned termination order, Annexure P/13 cannot be sustained in the eyes of law.
Consequently, the impugned order dated 18.08.2026 (Annexure P/13) is hereby quashed. However, liberty is reserved to the respondent Board/authorities to proceed further and pass an appropriate order afresh, strictly in accordance with law and after complying with the statutory requirements, if they so desire.
With the aforesaid observations and directions, the present writ petition stands allowed.