Upendra Kumar Pandey @ Upendra Pandey v. Management of Vidya Vikas Samity
2012-05-18
P.P.BHATT
body2012
DigiLaw.ai
JUDGMENT P.P. Bhatt, J.- The present appeal is filed under Section 15 of the Jharkhand Education Tribunal Act, 2005 being aggrieved and dissatisfied with the judgment and order dated 7.2.2007 passed in Case No. 60 of 2006 by learned Jharkhand Education Tribunal whereby the case filed by the appellant has been disposed of by holding that the order of dismissal from service of the appellant passed by the respondent is justified. 2. The learned counsel for the appellant referred to and relied upon the various grounds as enumerated in the memo of appeal and submitted that the order passed by the Disciplinary Authority is against of principle of natural of Justice, likewise, the learned Jharkhand Education Tribunal has failed to appreciate the various grounds agitated before it and committed an error while upholding the order passed by the Disciplinary Authority. 3. The learned counsel for the respondent while referring the judgment and order passed by the learned Jharkhand Education Tribunal pointed out that the Tribunal has considered all the relevant aspects of the matter and it is also submitted that the Management has followed all the requisite procedures which are required to be followed under the relevant rules i.e. Acharya Niyamawali 9th Edition 2005. It is further submitted that the appellant has been given reasonable opportunity to submit the explanation before the Disciplinary Authority and therefore, the arguments advanced by the learned counsel for the appellant with regard to the non-observance of the Principle of natural justice is not correct. 4. Considering the aforesaid rival submissions and on perusal of the judgment and order passed by the learned Jharkhand Education Tribunal it appears that the present appellant has been dismissed from service vide order dated 6.5.2006 (Annexure-4). The quantum of punishment decided by the Disciplinary Authority appears to be on higher side considering the charges levelled against him and this aspect was required to be considered by the learned Jharkhand Education Tribunal while deciding the case filed by the present appellant. Without entering into the merit of the other grounds agitated by the learned counsel for the appellant before this Court it is desirable that this matter shall be remitted back to the learned Jharkhand Education Tribunal for de novo decision after careful consideration of the facts and circumstances of the case. The appellant and respondent shall be afforded opportunity of hearing before the tribunal before passing a final order.
The appellant and respondent shall be afforded opportunity of hearing before the tribunal before passing a final order. On perusal of Acharya Niyamawali 9th Edition 2005 and more particularly in view of the Rule 8 it appears that there is a provision of providing of inflicting the other penalty if, the Disciplinary Authority reach to the conclusion that the facts of the case does not warrant dismissal/removal from service. Under aforesaid circumstances the learned Tribunal, after analyzing the order passed by the Disciplinary Authority, may consider to inflict the penalty which appears to be just and proportionate to the charges levelled against the delinquent, such as compulsory retirement or any other punishment as may be deemed fit and proper to the learned Jharkhand Education Tribunal. 5. The learned counsel for the appellant submitted that the appellant is required to be reinstated upon quashing, setting aside the order passed by the Tribunal by this Court and the appellant is entitled to get all the monetary benefits including the salary of intervening period and other benefits. This contention of the learned counsel for the appellant cannot be accepted at this juncture since the matter is remitted back to the Learned Education Tribunal for the purpose of deciding the quantum of punishment and for this limited purpose the matter is remitted back to the learned Jharkhand Education Tribunal. Considering the scope of judicial review this Court would not look into the other arguments advanced and canvassed by the learned counsel for the appellant. However, the learned counsel for the appellant can raise this plea before the learned Jharkhand Education Tribunal at the time of hearing of the case so that at the time of taking final decision with regard to quantum of penalty the Tribunal can pass further appropriate order as may be deemed fit and proper in the interest of justice. The learned Jharkhand Education Tribunal shall deal with and decide this matter within the period of six months from the date of receipt of a copy of this order. 6. In the circumstances the order dated 7.2.2007 passed by the Jharkhand Education Tribunal is set aside and the matter is remitted back to the learned Jharkhand Education Tribunal for its decision with regard to quantum of punishment. 7. With the aforesaid observation and direction this appeal stands disposed of. Appeal disposed of.