In a writ petition, the petitioner challenged her termination from service on grounds of unauthorized absence and unsatisfactory conduct. She alleged the order was due to malafides and passed without a show cause notice or inquiry, violating Article 14. The court granted relief.
The termination order was quashed and set aside. The petition stands disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No. 1443 of 2008
Date of Decision 4th September, 2012
Prabhat Kiran, d/o Sh. Baldev Singh Bhandari, Aged 28 years, presently working as Lecturer (Political Science) on Parents Teacher Association basis in Government Senior Secondary School, Basadhar, r/o village Badareoo, PO Basadhar, Tehsil Theog, Distt. Shimla HP
….Petitioner.
Versus
Civil Writ Petition under Article 226 of the Constitution of India.
Coram
The Hon’ble Mr. Justice Dev Darshan Sud, J.
Whether approved for reporting?1 No.
For the Petitioner: Ms. Parul Negi, Advocate vice Mr.P.P. Chauhan, Advocate.
For the Respondents: Mr. P.K. Sharma, Additional Advocate General with Mr. R.P.Singh, Assistant Advocate General.
_____________________________________________________________ Dev Darshan Sud, J.(oral)
The petitioner challenges her termination from
service vide Annexure P-4 which reads:
1 Whether Reporters of Local Papers may be allowed to see the judgment? Yes
2
“Termination order
Miss Prabhat Kiran (Lec. In Pol Sci) (PTA Basis) is terminated from her duties on dated 24.07.08 due to following reasons:-
Copy to:-
September 4th , 2012 ms
(Dev Darshan Sud), Judge
2 issues framed by the court
Whether the termination order of the petitioner without a show cause notice or inquiry is violative of Article 14 of the Constitution of India.
Whether the termination order passed by the Principal is malafide and lacks material justification.
Prabhat Kiran
State of HP through Secretary (Education) to the Govt. of HP
Director of Higher Education, HP
Dy. Director of Higher Education, Distt. Shimla
Principal, Government Senior School, Basadhar
Smt. Kiran Chaudhary
Dev Darshan Sud
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
