Vikas v. Shri Vaishnav S. K. M. T. Education Society
1994-03-18
A.R.TIWARI
body1994
DigiLaw.ai
JUDGMENT The petitioner is an employee of respondent No.2. He was served with a show cause notice as to why action should not be taken against him on the ground of his being engaged in taking P.T.D.C. classes in Govt. Engineering College, Ujjain. Reply was submitted by the petitioner. Thereafter he was served with a charge-sheet. The departmental enquiry was held. Eventually the punishment of with-holding one increment for one year without cumulative effect was inflicted on the petitioner on 22.5.93 (Annexure-P4). This penalty does not seem to have been challenged. It seems that the entire matter was placed before the Governing Body of respondent No.2. The Governing Body seems to have taken a tentative decision to terminate the services of the petitioner. Apprehending removal from service, the petitioner has presented this writ petition. Shri Chaphekar has raised number of objections against the penalty sought to be imposed by the Governing Body of the respondent No.2. In opposition of this contention, Shri Kulshreshta however, submitted that the services of petitioner shall not be terminated without proper show cause notice and without giving reasonable opportunity of hearing to the petitioner. According to Shri Kulshreshta the petition is ex facie premature and discloses no cause of action. The aforesaid statement clinches the issue so far as the apprehension of. termination of services without hearing is concerned. I, therefore, dispose of this petition by making the undernoted directions: (a) the respondent No.2 or any other authority shall not finalise the question of termination of services without issuing proper show cause notice proposing such penalty and without giving reasonable opportunity to the petitioner to present his case against such penal action. (b) If the respondents decide to terminate the services after giving reasonable opportunity of hearing in that behalf, they shall be under obligation to pass speaking order consistent without principles of natural justice. They would do well to bear in mind that penalty should never be unduly harsh or disproportionate to the misconduct found proved against any employee. If the petitioner suffers any order of termination of services or any other penalty harsher than what is contained in Annexure-7 he shall have freedom to take appropriate action against the same. As I have not opted to express any opinion on the merits of the matter because of prematurity, all points against the adverse action as contained in this writ petition are left open.
As I have not opted to express any opinion on the merits of the matter because of prematurity, all points against the adverse action as contained in this writ petition are left open. This petition thus stands finally disposed of with the direction as above but without any order as to costs.