SHEETAL BARNWAL Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this Court for quashing /setting aside the order /notification dated 13.10.2017 issued vide Letter Nos. 1879 and 1880 dated 13.10.2017 respectively (Annexures-12 & 13), whereby and whereunder, the services of the petitioner has been terminated by the respondents without following the rule of procedure for Recruitment, Service Condition and Disciplinary Rules, 2011, specially enacted for Natarhat Vidyalaya. Further, prayer has been made for a direction upon the respondents to reinstate the petitioner with immediate effect to her original post as a counselor. Further prayer has been made for a direction upon respondents for payment of Salary and other allowances with all consequential benefits for the period she has been illegally kept out of services.

(2.) The case of the petitioner lies in a narrow compass. The petitioner was appointed as a counselor in the Netarhat Awasiya Vidyalaya following due recruitment process and joined on 10.04.2013 and thereafter she gave her services to the school to the best of her abilities to the satisfaction of all concerned. After completion of probation period of one year, the school administration made a recommendation for confirmation of her services vide Letter No. 1409 dated 01.09.2014. Pursuant to the same, the services of the petitioner was confirmed by the Department of Human Resources, Govt. of Jharkhand on 20.05.2015, which was intimated to the petitioner vide letter No. 197 A dated 20.05.2015. The School Authority also communicated to the petitioner regarding confirmation of service vide its Letter No. 1294 dated 15.06.2015, issued under the signature of the Principal, Netarhat School. After successful completion of period of probation and getting the service confirmed, the petitioner got allotment of a residential quarter vide letter No. 2719 dated 11.08.2016, which was to be shared with one of her colleagues from the school and for that there were certain guidelines in the allotment letter which were to be followed by the allottees. It is further case of the petitioner that all of a sudden, on the ground of some complaint, even without disclosing the name of the complainant and without supplying any complaint letter, the petitioner was called by the Principal of the School in his Chamber after school hours and after closing the door, severely rebuked and misbehaved with the petitioner in a very intolerable manner and started making baseless allegations for hours continuously, which was beyond the understanding of the petitioner. On 09.10.2017, petitioner was served with an office order vide letter No. 1851 dated 09.10.2017 whereby she was directed to move to Ranchi on 10.10.2017 by the School vehicle. Thereafter, the petitioner was escorted by the Principal himself from the School restraining her in a confinement. The petitioner was totally perplexed being a lady as she was not able to take a decision and she was also not able to understand what mistake she has committed for which she is subjected to such an ill treatment by the school authorities.

(3.) On the next morning, when the petitioner was brought to Ranchi she was directly taken to the Human Resources Department, Ranchi and without any prior information she was asked to appear before the Executive Meeting of the School, where she was handed over a questionnaire and asked to give para wise reply of the same. The petitioner was totally confused so she requested for grant of some time for giving reply to the questionnaire, but the same was out rightly rejected and the Committee pressurized her to give reply to the questionnaire put before her, in a closed room. Left with no option, the petitioner gave para wise reply to all the questionnaires as per her understanding and the copy of the said questionnaire was asked by the petitioner. The same day, petitioner was also brought back to Netarhat School Campus and two days thereafter i.e. on 13.10.2017, decision of the Executive Committee issued vide Memo No. 1879 dated 13.10.2017 was communicated to her stating therein that the Executive Committee has unanimously decided that allegation leveled against her are proved to be correct and hence it is decided to terminate the services of the petitioner. Thereafter, without giving any further opportunity to the petitioner, the Principal cum Member Secretary Netarhat Vidyalaya issued Notification vide Letter No. 1880 dated 13.10.2017 terminating the services of the petitioner. Aggrieved by the same, petitioner represented before the Principal of the said School, but no decision has been taken. Hence, the petitioner has been constrained to knock the door of this Court.