GURUNANAK EDUCATION SOCIETY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants have preferred this appeal to assail validity, correctness and propriety of the judgment dt. 05.11.1999, passed by learned Single Judge affirming the order dt. 19.09.1998, passed by the Rajasthan Non Government Educational Institutions Tribunal, Jaipur (hereinafter referred to as "the Tribunal").

(2.) THE factual matrix necessary to be noticed is that the appellants by an order dt. 20.02.1997 terminated its employee Jaswant Singh from service due to non availability of adequate funds. A challenge given to the same was by the employee concerned, before the Tribunal by way of filing an appeal as per provisions of Section 19 of the Rajasthan Non Government Educational Institutions Act, 1989 (hereinafter referred to as "the Act of 1989"), came to be accepted vide order dt. 19.09.1998 on the count that neither approval from the Director, Education as required under Section 18 of the Act of 1989 read with Rule 39 of the Rajasthan Non Government Educational Institutions Rules, 1993 (hereinafter referred to as "the Rules of 1993") was taken by the management nor any opportunity of hearing was accorded before terminating the employee. The society, by way of filing a petition for writ before this Court questioned validity, correctness and propriety of the order dt. 19.09.1998 on various counts including that termination of the employee was not stigmatic, and as such, there was no need to adhere the provisions of Section 18 of the Act of 1989 read with Rule 39 of the Rules of 1993. By the judgment impugned, learned Single Judge refused to interfere with the order passed by the Tribunal while exercising powers under Articles 226 and 227 of the Constitution of India.

(3.) SECTION 18 of the Act of 1989 provides that "subject to any rules that may be made in this behalf, no employee of a recognised institution shall removed, dismissed or reduced in rank unless he has been given by the management a reasonable opportunity of being heard against the action proposed to be taken". Proviso to the provision aforesaid prescribes that no final order with regard to dismissal, removal or reduction in rank of an employee shall be passed unless prior approval of the Director of Education or an officer authorised by him in this behalf has been obtained. Sub -rule(2) of Rule 39 of the Rules of 1993 provides procedure, that is required to be adopted for removal or dismissal of the employee from service. As per the rule aforesaid after completion of inquiry against the delinquent employee, the records of the inquiry together with a copy of the notice given and the representation, if any, made by the employee is required to be forwarded by managing committee of the recognised institution to the Director of Education or an officer authorised by him in this behalf, for necessary approval.