TMI Blog2012 (9) TMI 1135X X X X Extracts X X X X X X X X Extracts X X X X ..... ad to be fair but it also had to appear, to be fair. This is in conformity with the principle that justice must not only be done, but must also appear to be done. Actual and demonstrable fair play must be the hallmark of the proceedings and the decisions of the administrative and quasi judicial tribunals. In particular, when the decisions taken by these bodies are likely to cause adverse civil consequences to the persons against whom such decisions are taken. For the aforesaid reasons, the order dated 18th/19th December, 2008 passed by the Disciplinary Committee is hereby quashed and set aside. It would be inappropriate at this stage to relegate the Appellant back to the Disciplinary Committee. In the interest of justice, we permit the Appellant to challenge the order of the Disciplinary Authority dated 8th January, 2008 before Punjab School Education Tribunal, Mohali. The appeal shall be filed by the Appellant within thirty days from today. Since the order of the Disciplinary Authority was passed on 8th January, 2008, the appeal may well be beyond limitation period. Keeping in view the peculiar facts and circumstances of this case, we direct that the appeal filed by the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ultimately, the charges were said to have been proved against the Appellant. Subsequently, the Inquiry Report was served on the Appellant and he was given an opportunity to make a representation against the same. The Appellant submitted his representation detailing his various contentions. Upon consideration of the entire matter, it appears that the Disciplinary Authority passed an order on 8th January, 2008 directing the Appellant to be removed from service. 6. Against the aforesaid order of removal, the Appellant submitted an appeal before the Disciplinary Committee under Bye-Law 49 of the CBSE Affiliation Bye-Laws. Bye-Law 49 of the said Bye-Laws provides as under: 49. Disciplinary Committee 1) In case the employee wishes to appeal against the order of the Disciplinary Authority, the appeal shall be referred to a Disciplinary Committee. The Disciplinary Committee shall consist of the following: (a) The Chairman of the School Managing Committee or in his absence any member of the Committee, nominated by him. (b) The Manager of the school, and where the disciplinary proceedings is against him/her any other person of the Committee nominated by the Chairman. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n and the same is accordingly, dismissed with liberty to the Appellant to avail his alternative remedy. 9. Against the order passed by the learned Single Judge, the Appellant filed Letters Patent Appeal No. 368 of 2010 before the Division Bench of the High Court. The Division Bench, vide its order dated 25th October, 2010, dismissed the LPA filed by the Appellant by observing that there is no infirmity in the order passed by the learned Single Judge. Hence, the present special leave petition by the Appellant. 10. Mr. Parikh, Learned Counsel appearing on behalf of the Appellant submitted that the judgment of the learned Single Judge as also of the Division Bench of the High Court are contrary to the law laid down by this Court in a catena of judgments. He has made a reference to the judgments of this Court in Andi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsav Smarak Trust and Ors. v. V.R. Rudani and Ors . (1989) 2 SCC 691, Unni Krishnan J.P. and Ors. v. State of Andhra Pradesh and Ors . (1993) 1 SCC 645 and Zee Telefilms Limited and Anr. v. Union of India and Ors. (2005) 4 SCC 649 and submitted that even though the Respondent School would not fall wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ahotsav Smarak Trust. In those circumstances, this Court has clearly observed as under: 20. The term authority used in Article 226, in the context, must receive a liberal meaning unlike the term in Article 12. Article 12 is relevant only for the purpose of enforcement of fundamental rights under Article 32. Article 226 confers power on the High Courts to issue writs for enforcement of the fundamental rights as well as non-fundamental rights. The words any person or authority used in Article 226 are, therefore, not to be confined only to statutory authorities and instrumentalities of the State. They may cover any other person or body performing public duty. The form of the body concerned is not very much relevant. What is relevant is the nature of the duty imposed on the body. The duty must be judged in the light of positive obligation owed by the person or authority to the affected party. No matter by what means the duty is imposed, if a positive obligation exists mandamus cannot be denied. 22. Here again we may point out that mandamus cannot be denied on the ground that the duty to be enforced is not imposed by the statute. Commenting on the development of this law, P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Learned Counsel pointed out that, in the aforesaid case, this Court had directed that the Appellate Tribunal should be set up in each district of each State to hear appeals over the decisions taken by the Disciplinary Bodies of even purely private educational institutions. It was emphasised that speedy resolution of the disputes between the teachers and the management is in the interest of all, i.e. students, management as well as the concerned teachers. It appears that at the time when the appeal of the Appellant was heard, such a tribunal had not been set up in the State of Punjab. The appeal filed before the Disciplinary Committee was also not referred to the District Judge by the Disciplinary Committee. 15. We are of the considered opinion that since the writ petition clearly involves disputed questions of fact, it is appropriate that the matter should be decided by an appropriate Tribunal/Court. 16. At this stage, we are informed that the State of Punjab has set up a tribunal, namely, Punjab School Education Tribunal, Mohali, which is empowered to entertain appeals even where orders have been passed by unaided private educational institutions. In that view of the matte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Committee is hereby quashed and set aside. 19. At this stage, Learned Counsel appearing on behalf of the Respondents submits that, in fact, the appeal filed by the Appellant ought to be remitted back to the Disciplinary Committee which would not include Smt. Neera Sharma as a member of the said committee. 20. Having noticed the entire fact situation above and the time which have elapsed since the order of removal was passed, we are of the opinion that it would be inappropriate at this stage to relegate the Appellant back to the Disciplinary Committee. In the interest of justice, we permit the Appellant to challenge the order of the Disciplinary Authority dated 8th January, 2008 before Punjab School Education Tribunal, Mohali. The appeal shall be filed by the Appellant within thirty days from today. Since the order of the Disciplinary Authority was passed on 8th January, 2008, the appeal may well be beyond limitation period. 21. Keeping in view the peculiar facts and circumstances of this case, we direct that the appeal filed by the Appellant shall be decided by the aforesaid Education Tribunal on merits and the same shall not be rejected on the ground of limitation. If the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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