LAWS(CAL)-2019-12-52

ST. TERESA'S SECONDARY SCHOOLS Vs. GARGI BANERJEE

Decided On December 03, 2019
St. Teresa's Secondary Schools Appellant
V/S
Gargi Banerjee Respondents

JUDGEMENT

(1.) This appeal is directed against an order dated 17th April, 2019 by which the order of termination was found to be unjust and exceptionable. The writ petition was disposed of by directing the authorities to reinstate the writ petitioner in service forthwith with all arrear and current benefits. The writ petitioner was initially appointed in 2007 and after completion of the provisional period was appointed as a permanent teacher in the year 2008 and she worked as a teacher till 2012 until her service was terminated by a communication dated 28th December, 2012. While we agree with the finding of the learned Trial Judge that the letter of termination should go but for a different reason.

(2.) Shortly put, the allegation against the teacher appears to be that she participated in demonstration during the school hours and it had disrupted the functioning of the school. Although, there is no such clear mentioning of illegal activities by her but from the letter of termination dated 28th December, 2012, the reason for termination on such ground is discernible. The Managing Committee appears to have taken a decision on 16th December, 2012 to terminate the service of the writ petitioner without giving any opportunity to the writ petitioner to present her case against such order of termination. Moreover, the service of the teacher was terminated in breach of Rule 16(b) and Rule 21 of the Service Rules of St. Teresa's Secondary School (hereinafter referred to as the "School"). Rule 16(b) of the said Rules reads as follows:-

(3.) Although, Mr. Soumya Majumder, learned Counsel appearing on behalf of the appellants argued that the said letter of 17th December, 2012 followed by the letter dated 19th December, 2012 are clear acknowledgement of the illegal demonstration by the appellants and can be treated as an admission on the basis of which the Managing Committee could have acted. We are unable to accept such submission as it appears that excepting eight teachers who had signed jointly "a letter of apology" dated 17th December, 2012 all other teachers have been exonerated in the service that no disciplinary proceedings were initiated against any one of them.