Allowed

Smt. Setho Devi v. State of U.P. and 2 Ors.

Allahabad HC25 Sept 2018SPLA/914/2018

Case brief

AI extract

What is this about?

-fixed-term appointment; no detailed enquiry needed; apparent non-compliance with audi alteram partem. Appeal allowed order set aside. Liberty given to take appropriate disciplinary action adhering to audi alteram partem.

What did the court decide?

Impugned order dated 21.08.2018 and order dated 24.07.2018 set aside. Petition allowed. Respondents directed to take disciplinary action adhering to audi alteram partem.

Smt. Setho Devi Vs State of U.P. and 2 Ors. — Service and Employment | Allahabad HC (2018)

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Court No. - 21

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Case :- SPECIAL APPEAL No. - 914 of 2018

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Appellant :- Smt. Setho Devi Respondent :- State Of U.P. And 2 Ors Counsel for Appellant :- Devendra Saini Counsel for Respondent :- C.S.C.,Sanjay Kumar

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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This appeal is before us to examine correctness of the order dated 21.8.2018 passed by learned Single Bench in Writ-A No.17592 of 2018. By the order impugned learned Single Bench dismissed the petition for writ by arriving at conclusion that appointment of the appellant-petitioner was on contract basis and that does not contemplate any enquiry before termination of the appointment given. Learned Single Bench also held that there is very serious laps on the part of the appellant-petitioner while performing her duties as Teacher and In-cahrge Warden of the school.

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Learned counsel appearing on behalf of the appellantpetitioner states that for the incident in question one Smt. Rashmi Upadhyay working as Warden-cum-Teacher (full time) was also terminated from service but this Court under the Judgement dated 12.09.2018 set aside the order impugned in that case. The case of the present appellant is wholly covered by the case of Smt. Rashmi Upadhyay referred above.

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On going through record, we are satisfied with the facts and legal issues involved in this appeal which are exactly same to the facts and the legal issues considered in Special

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Appeal No.848 of 2018, Smt. Rashmi Upadhyay vs. State of U.P. and others decided on 12.09.2018. In the case of Rashmi Upadhyay (supra) this Court held that appointment of the appellant-petitioner was on fixed term and while terminating such appointment by causing stigma there is no need to adhere principle of reasonable opportunity by conducting a detailed enquiry. However, that will not preclude the employer from adhering doctrine of audi alteram partem. In the case, in hand, before terminating fix term of the appointment no opportunity to explain the circumstances was given. The employer terminated the appellant from service ex parte.

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In view of it, case of the appellant-petitioner is covered by law laid down in the case of Rashmi Upadhyay (supra). Accordingly appeal is allowed . The order impugned dated 21.08.2018 passed by learned Single Bench is set aside. Petition for writ preferred by the appellant-petitioner is allowed and the order dated 24.07.2018 is set aside.

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The respondents are at liberty to take appropriate disciplinary action against the appellant-petitioner by adhering doctrine of audi alteram partem and discontinue her from service, if requires.

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No order as to costs.

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Order Date :- 25.9.2018 Asha

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(Chandra Dhari Singh,J.) (Govind Mathur,J.)

Smt. Setho Devi v. State of U.P. and 2 Ors.

Case brief

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Smt. Setho Devi v. State of U.P. and 2 Ors.

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