LAWS(P&H)-2009-9-123

MS. REEMA TALWAR Vs. CHANDIGARH ADMINISTRATION AND ORS.

Decided On September 10, 2009
Ms. Reema Talwar Appellant
V/S
Chandigarh Administration And Ors. Respondents

JUDGEMENT

(1.) THE petitioner, who was working as permanent teacher in St. John's High School, Sector 26, Chandigarh (hereinafter referred to as 'the respondent school'), has filed the instant petition for issuing writ in the nature of certiorari for setting aside the order dated 31.7.2009, whereby her services have been terminated by giving her one month salary, in view of the clause of the contract of service for teachers, when she was found guilty for giving corporal punishment to a child student in the Magisterial Enquiry,

(2.) IT is the admitted position that the respondent school is a privately managed unaided institution, which is being administered by the Convenant of the Congregation of Christian Brothers, India. The petitioner was appointed as permanent teacher vide the contract of service for teachers dated 3.10.2007 (Annexure P -2). Clause 6 of this contract reads as under:

(3.) IN the petition, it is alleged that the petitioner did not give any slap or corporal punishment to the child, and he received injuries due to fall in the school. She has been falsely implicated in this case. It is further stated that in gross violation of principles of natural justice, the petitioner has been punished at the behest of the Chandigarh Administration, therefore, her termination order is liable to be quashed.