Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 1961 - SC - Indian LawsMaintainability of writ petition - private school receiving grant in aid to the extent of dearness allowance - reinstatement along with back wages - HELD THAT:- There is a clear pleading in the Writ Application that the approval was necessary, its denial in reply is evasive. No such approval had been obtained in the instant case. It is apparent that the Government has also pleaded in its reply that approval of appointment was made necessary considering the arbitrariness in the appointments which was prevailing, and once approval for appointment was necessary there is no doubt that approval for removal was also necessary, which was not obtained in the instant case. Relief of reinstatement and back wages - HELD THAT:- The approval of the concerned authorities was not obtained and stigmatic order of dismissal was passed in the most arbitrary manner. It is not in dispute that no departmental enquiry was held - In the case of Anoop Jaiswal v. Government of India & Anr. [1984 (1) TMI 341 - SUPREME COURT], the appellant was undergoing training as a probationer. On a particular day, all the trainees arrived late at the place wherein P.T./unarmed combat practice was to be conducted. An enquiry was initiated and the impugned order of discharge under Rule 12(b) of the IPS (Probation) Rules, 1954 on the ground of his unsuitability for being a member of the IPS. It was held that the order was punitive in nature which in absence of any proper enquiry. In the present case, the employee has served for five years before dismissal from the service by a stigmatic order, passed without holding an enquiry, we cannot entertain the submission raised by learned Senior counsel for the Appellant-School that back wages should be denied. The manner in which termination had been made was clearly arbitrary and the order was illegal and void and thus back wages should follow. Appeal dismissed.
|