Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act 1977 – ss. 2(9) 9 – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977 – ss. 2(9), 9 – Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981 – r. 36(2)(b)– Doctrine of necessity – First respondent was appointed as the Principal of the Institute of Pharmacy being run by appellant-society – Disciplinary proceedings were initiated against him on certain allegations – After completion of inquiry, management passed an order imposing penalty of removal from service – Appeal filed by respondent, allowed by School Tribunal on the ground that the constitution of the inquiry committee was not in accordance with r.36(2)(b) of 1981 Rules– Writ petition filed by the appellant was dismissed by High Court – On appeal, held: Two expressions namely “Head” and “Chief Executive Officer” used in sub-rule (1) of r.36 provide the fulcrum of the controversy on hand – Sub-rule (2) of r. 36 provides for the composition of the Inquiry Committee in a particular manner in the case of “an employee” and it provides for the composition of the Inquiry Committee in a different manner in the case of “the Head” – In the present case, the Departmental Inquiry Committee as originally constituted, had the President of the appellant as a Member – But the President requested the appellant to relieve him due to ill health – Thereafter, one of the Vice-Presidents was requested to be part of the Inquiry Committee, however, the said Vice-President also recused due to family problems – Another Vice-President was nominated to be part of the Inquiry Committee – The said Vice-President also opted out – Then management decided to confer all the powers of the president to one ‘ASRP’ – However, school tribunal as well as High Court omitted to take note that the first respondent was informed about the ill health of the President of the society and the appointment of ‘ASRP’ in his place – Tribunal as well as the High Court failed to take note of the very pleadings of the first respondent with regard to the circumstances in which the President of the Society could not continue as part of the Inquiry Committee – Therefore, the order of the School Tribunal was vitiated by perversity –Moreover, the High Court failed to take the note of doctrine of necessity – Once it is admitted, that the disciplinary proceedings commenced with an Inquiry Committee of which the President was a member; and that subsequently he was replaced by someone due to ill health, the doctrine of necessity would come into play – Hence, the orders of High Court and School Tribunal are liable to be reversed – Since, the School Tribunal rejected all other contentions of respondent No.1, but upheld only the contention revolving around r. 36(2)(b), the penalty of removal from service imposed upon the first respondent is to be upheld. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2022 INSC 358 |
Petitioner | Jai Bhavani Shikshan Prasarak Mandal |
Respondent | Ramesh & Ors. |
SCR | [2022] 17 S.C.R. 601 |
Judgement Date | 2022-03-29 |
Case Number | 7937 |
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