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2010 DIGILAW 9 (JHR)

Sudha Lall v. President, Managing Committee The Principal, Shradhanand Bal Mandir, Senior Secondary School, Kamre, Ratu Road, Ranchi

2010-01-04

AMARESHWAR SAHAY

body2010
JUDGMENT Heard Mr. Bhanu Kumar, learned counsel appearing for the appellant and Mrs. Sweta Singh for the respondents. The appellant is a PRT (Teacher) working in Shradhanand Bal Mandir Senior Secondary School at Kamre, Ratu Road, Ranchi, which is affiliated with Central Board of Secondary Education. The grievance of the appellant is that the School Authorities have inflicted major punishment of withholding annual increment without even asking for a show cause and without initiating a departmental proceeding. She challenged these two orders before the Education Tribunal but the Tribunal did not interfere with such orders passed by the School Authorities contained in Annexure- 2 and 2/1 to the memo of appeal. The appellant prays for quashing of the impugned orders contained in Annexure-2 and 2/1 mainly on the ground that the same could not have been passed without giving a chance to the petitioner to show cause or without initiating a departmental proceeding. From perusal of the aforesaid two orders contained in Annexure-2 and 2/1, it appears that the respondents by issue of these two orders advised and directed the appellant to improve her communication skill within a period of six months to improve her English so that the students can learn in proper way and the teaching and learning process can go smoothly and till she improves her communication skill, her annual increment was ordered to be withheld. So far as the stoppage/withholding of annual increment is concerned, the Affiliation By-Laws of Central Board of Secondary Education envisages under By-laws-45 that the same is a minor penalty and not major penalty as is being contended by the appellant. For ready reference By-laws -45 of the Central Board of Secondary Education is reproduced herein below:-"45. Penalties. (1) The following penalties may, for good and sufficient reasons, including the breach of one or more of the provisions of the Code of Conduct may be imposed upon an employee. (a) Minor Penalties: (i) censure; (ii) recovery from pay, the whole or any part of any pecuniary loss caused to the school by negligence or breach of orders; (iii) withholding of increment of pay. (b) Major Penalties; (i) reduction in rank (ii) compulsory retirement (iii) removal from service, which shall not be a disqualification for future employment in any school run by the Society." Initiation of a departmental proceeding for awarding a minor punishment is not required. (b) Major Penalties; (i) reduction in rank (ii) compulsory retirement (iii) removal from service, which shall not be a disqualification for future employment in any school run by the Society." Initiation of a departmental proceeding for awarding a minor punishment is not required. From the impugned orders passed by the Education Tribunal, I find that the Tribunal, after considering the facts and circumstances of the case, has taken a sympathetic view by granting six months time to the appellants to improve upon her teaching skill in English. From the facts of the case it also appears that before issuance of Annexure-2 and 2/1, opportunity to show cause was given to the appellant. For the reasons aforesaid, I do not find it to be a fit case for any interference by this Court. Accordingly, this appeal is dismissed.