Allowed

Mrs Uma Hiremath W/O Air Commodore G L Hiremath v. the Air Marshall

Karnataka HC19 Sept 2024WP/35589/2012

Case brief

AI extract

What is this about?

A teacher with about fifteen years of service at an Air Force school was compulsorily retired after repeated show cause notices and warnings alleging declining performance and classroom conduct. The High Court found the allegations trivial, the penalty disproportionate, and the notices suggestive of unfair targeting, and quashed the penalty orders.

What did the court decide?

Penalty of compulsory retirement dated 22.12.2011 and appellate order dated 09.04.2012 quashed; respondents directed to expunge all adverse remarks from petitioner's service record.

Mrs Uma Hiremath W/O Air Commodore G L… — Pension and Retirement Benefits | Karnataka HC (2024)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.35589 OF 2012 (S-R)

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BETWEEN:

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1 . MRS. UMA HIREMATH W/O AIR COMMODORE G.L.HIREMATH AGED ABOUT 58 YEARS, OCC: TEACHER RESIDING AT NO.107/1, SIDDHA NIVAS, MANJUNATH LAYOUT, IIND CROSS, GUNDAPPA ROAD NAGASHETTIHALLI, BANGALORE-560094.

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...PETITIONER

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(BY SMT. AKKAMAHADEVI HIREMATH, ADVOCATE)

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AND:

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1 . THE AIR MARSHALL (AIR OFFICER-IN-CHARGE ADMINISTRATION) AIR HEADQUARTERS, VAYU BHAVAN, NEW DELHI-110 011

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2 . SENIOR OFFICER-IN-CHARGE ADMINISTRATION (APPELLAT AUTHORITY) HQ TRAINING COMMAND, J.C. NAGAR POST BANGALORE-560006.

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3 . THE CHAIRMAN AND AIR OFFICER-IN-CHARGE ADMINISTRATION, INDIAN AIR FORCE EDUCATIONAL AND

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CULTURAL SOCIETY AIR HEAD QUARTERS, NEW DELHI-110 066.

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4 . UNIT EDUCATION SECTION HQ TC(U), AF BANGALORE-560 006 BY ITS EXECUTIVE DIRECTOR AIR FORCE SCHOOL, HEBBAL, BANGALORE-560 006.

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5 . THE PRINCIPAL AIR FORCE SCHOOL, HEBBAL, BANGALORE-560 006.

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6 . THE OFFICER-IN-CHARGE, AIR FORCE SCHOOL, HEBBAL, BANGALORE-560 006. …RESPONDENTS

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(BY SRI. GOWTHAMDEV C.ULLAL, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 9.4.2012 PASSED BY R2 VIDE ANNX-TI AND THE ORDER DATED 22.12.11 PASSED BY THE R3 VIDE ANNX-T, DIRECT THE RESPONDENTS TO REINSTATE THE PETITIONER AS ASSISTANT TEACHER IN THE R3 SCHOOL FROM 22.12.2011 AND ETC.

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THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 17.09.2024, THIS DAY ORDER WAS PRONOUNCED THEREIN, AS UNDER:

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CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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C.A.V. ORDER

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This case involves the petitioner who has served as a Teacher at Air Force School, Hebbal, Bengaluru for 15 years with a previously unblemished record. However, beginning in April 2009, the school management initiated a series of disciplinary proceedings against her, alleging a decline in her performance and behaviour. These proceedings culminated in the imposition of a severe penalty— compulsory retirement. The petitioner challenges this penalty, arguing that it is not only harsh and disproportionate but also unjust, given the nature of the allegations.

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The petitioner asserts that she has been a dedicated educator at Air Force School since 1994, earning respect and recognition for her teaching abilities. However, in April 2009, the management began issuing notices against her, claiming that her performance had deteriorated. The allegations include that a student under her guidance failed the English subject, that she taught

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while sitting on a chair, that she was inefficient in controlling her class, and that she lacked proper planning before entering the classroom. Further, it was claimed that she resorted to dictating lessons and instructing students to mark in their textbooks instead of engaging in more interactive teaching methods. Additionally, the management accused her of gossiping during an annual day celebration and misinterpreted her constructive suggestions for improving the school’s educational standards as criticisms against them. The culmination of these allegations led to the management deciding to impose the penalty of compulsory retirement on the petitioner.

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The petitioner asserts that the allegations brought against her are trivial and do not constitute serious misconduct. She contends that the failure of one student in English cannot be attributed solely to petitioner teaching methods, particularly when her record over the years has been exemplary. The petitioner also explains that her practice of sitting while teaching was due to health reasons,

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which she had communicated to the management. Furthermore, she contends that the claims of inefficiency in controlling the class are unsubstantiated, as there were no prior complaints about her classroom management throughout her tenure. The petitioner defends her teaching methods, stating that dictating and having students mark their textbooks is a legitimate pedagogical approach. She also denies the accusation of gossiping during the annual day celebration, emphasizing that it does not relate to her professional responsibilities. Lastly, the petitioner argues that her suggestions to improve educational standards were intended to be constructive and should not have been misinterpreted as attacks on the management.

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The management, on the other hand, maintains that the petitioner’s performance has indeed declined since April 2009, justifying their decision to impose a penalty. They argue that the cumulative effect of the petitioner’s actions demonstrates negligence and inefficiency, which they believe warrant a serious disciplinary response. The

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management contends that the penalty of compulsory retirement is appropriate and necessary to maintain the school’s standards and discipline.

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Heard the counsel appearing for the petitioner and learned counsel for the respondents. Perused the impugned penalty of compulsory retirement inflicted by the disciplinary authority and confirmed by the Appellate authority.

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Before I delve upon the penalty of dismissal of service, this Court deems it relevant to extract some of the legal notices sent by the Management and reply by the petitioner:

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" Tele: 23411061/4410

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TCU/1319/1/ED-P File Mrs Uma G Hiremath TGT (English) Air Force School Hebbal Bangalore-06

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Unit Education Section HQ TC (U), IAF JC Nagar Post, Bangalore-06 25th July 08

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SHOW CAUSE NOTICE

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Madam,

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1. On analysis of class X result it is noted with great concern that there is downward trend in performance of students in your subject (English). This year one student got compartment in your subject ie English which is viewed seriously by the Management Committee.

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2. You are therefore hereby given an opportunity to show cause as to why suitable corrective action should not be initiated against you.

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3. Your reply should reach to the undersigned by 07 Aug 08 else it will be understood that you have nothing to say in your favour and ex-parte action will be initiated against you.

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Yours sincerely, Sd, (AKS Bishnoi) Squadron Leader Officer-in-charge AF

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School Hebbal

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Copy to: Principal Air Force School Hebbal Personal File

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ele: 23411061/4410"

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Reply to Showcause Notice:

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"1. Please refer TCU/1319/1/ED-P dated 25th July 2008

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2. Before we come to the specific issue, I feel that there is a need to clear the basics of 'Failure and it's 'Effects' in a higher secondary school education system. When a particular school is open for admissions from all categories, of society and there is no stringent admission test, like that of many reputed schools which boast about very good results, we must have some scope for a percentage of children not doing well or failing in their exams. The school

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and the teacher should provide suitable learning environment and actively facilitate the learning process. The performance of a student in examination is subject to various factors, some of them could be very personal and beyond anybody's control, including that of the child or parent. 3. 'Fear of Failure' is a major psychological factor which affects everybody in life. This is very evident in schoolchildren particularly so when preparing for the board exams. This stress could result in psychosomatic illness or even total nervous breakdown which may have catastrophic effect on the child and entire family. Under these circumstances there is a need to gracefully accept the failure and encourage the student and the teacher to recover from the shock and do better in the very next opportunity. A post mortem of the failure will put stress on the teacher and student which may result in teachers putting undue pressure on children and children reaching breaking point which will defeat the very purpose of post mortem efforts which are conducted on living/growing human beings. This kind of notices and enquiries done by way of open letters not even put in an envelope or confidential marking embarrass the teacher and the student in their respective communities. Administration may note that adolescent girls are extremely sensitive to such embarrassment. I hope this exercise is some local thinking and not on instruction from higher office. Even If there are any such instructions, there is a need to take up the matter in the Interest of wellbeing of student particularly when students of different backgrounds (children of class I to class IV officers) are studying together in one class as a group.

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4. Now coming to the specific case of Miss Sahana Katimani, the student was suffering from thyroid malfunction and anemia and admitted as an 'Inpatient' and treated at M.S Ramaiah hospital just prior to exams (hospital certificate attached). The girl and the parents themselves were not keen to undergo exams. However school administration advised and encouraged them to appear for exams as there were some remote chances that she may pass or at the least she will have a live experience of going through the board exams. So, everyone including the school and the parents were aware that she is not likely

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to pass (letter from parents is attached as appendix -B). Then why is this sudden concern about this failure?

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Reason could be two:

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a) School management is not aware of the background of the case and issued a showcause notice without thinking of its implication or even consulting the principal who supervises the day to day affairs of the school and examinations.

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b) A sinister plan to harass me knowing I am staying alone at Bangalore without my husband. In the past also many efforts were made to show break in service when I applied for medical leave with requisite certificates. Showing me as reemployed, fixing my pay scale and seniority at own will and not giving any credit or allowing me to avail the accumulated leave which was (is still) due to me."

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Advisory Note sent by Air Force School, Hebbal

"Advisory Note

Tel-23411061/4505

To,

Mrs Uma Hiremath FOT, AFSH

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Madam,

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1) Your class has been observed by O ilc AFSH, i/c Principal Ms Vyjayanthimala and Principal on 08/09/08 and 23/09/08

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2) Following observations were communicated to you and counseled

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i) Not to sit in the chair while teaching

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ii) Not to be distracted by one or two problem students

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iii) Poetry should be explained stanza wise so that the entire context of the verse is understood. Mere reading out of the Poem without explanation is not sufficient

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iv) Class control to be improved

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v) Class to be more interactive

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3) You are advised to improve upon these points within a period of one month

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Thanking You,

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Sd/(MK Lakshmi) Principal AF School Hebbal

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Copy- O i/c AFSH"

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Reply to Advisory Note

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"3. Incorrect Observation: The note states that I was sitting in the class which is totally Incorrect, I never sit in the class and even on that day I was not sitting in the class While teaching. By the by what does the school code say about a teacher sitting in the class? If it is prohibited, is this information circulated? Also, why keep a chair in the classroom if the teachers are not to sit in the class? Though I do not sit in the class, I still suggest that the school should not act hastily in removing the chair as a Knee jerk reaction. It would be worth seeing the age, physical state and allotment of continuous classes to the teacher. If the teacher is expected to stand all the while in the class there should be proper planning while making the time table. No teacher should be given two classes continuously. In the present practice of giving four to five (even more) classes may come in the purview of physical torture to the teacher and school can be held responsible for the consequences like teacher fainting, falling sick or long term physical deformity and seek compensation from those who enforce such restriction.

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4. Mischievous and Motivated: What are the criteria for these observations? What is the classroom teaching experience of those who are making these observations? Taking classes for military recruits cannot be compared to the teaching of school children. One may stand and even make the trainees also stand all through the class with a different justification all together in military classes.

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5. What should be the criteria for observation? Those who are employed recently need to be observed rather than those who have spent decades in the same school. I have been teaching in the A.F School for the last 20 years and in this same school for the last 14 years. Probably these observations are done with the motive of harassing specific teachers who gave a reply to these uncalled for showcause notice for which the school is not even bothered to give a reply even after months - probably they have no answers. Point to be noted is, only those three teachers have been given the advisory notes.

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6. It is mischievous on the part of the school to observe the class on only one day and show it as two different days. Also do not communicate anything after the observation and weeks later send a note stating these points were brought out and the teachers were counseled. Either there is a total mixup or it is done with ulterior motive. Why not keep the system totally open and transparent? Why not keep a record of who is being observed and for what? Maintain a register for observation, make entry then and there and get teachers remark as well as signature. It will prove who all are being observed and these observations will be of value to other teachers also, to improve without being observed. Why make it subjective as observation by one or two individuals? Why not have a observation committee? Why spring surprises by making observation out of the hat? Why not make a study, laydown the codes for conduct in classroom and then observe? Even better, why not take demonstration classes where all other teachers can observe and LEARN? If the present observers can take classes and teach live students for continuously 4-5 classes it would be a great motivator, for all the teachers and a practical example of "practicing what one is capable of preaching.

7. xxx

8. xxx

9. xxx

10. xxx

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12. A Few Words For The Good Of The School: If you want to improve the school make it more objective, transparent and create a positive environment rather than spoiling it. The standards in the school are really sliding down. The teachers are kept busy with such "uneducational activities. Work load is not given evenly. Some teachers do not take classes, instead they just gossip in the School - NO classes, NO observation, NO mistake. A good example of a model teacher. Please make it a point to observe the classes of these newly appointed, kith and kin of those in the management chain and if possible give a chance to the senior teacher to observe them. In one sentence "be honest and good to the school". If you want to change the system formulate the new policies, circulate them, and obtain comments from those who have to implement them on ground. Purify/refine the rules and then make observation which would be acceptable by the teachers and will be fair in the eyes of the law. "

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Advisory Note sent by Air Force School, Hebbal

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" Advisory Note

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AFSH/02/08

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Date: 24 oct.2008 23411061/4506

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To, Uma Hiremath TGT, AFSH Madam,

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1. It is intimated that during visit by OIC AFS Hebbal in assembly and during conduct of aerobic exercise for Annual

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Sports Day Celebration you were found discussing to group of teachers which is highly irregular despite verbal advice and circulars.

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2. This is noted with great concern by the OIC AFS Hebbal. You are hereby advised not to discuss during assembly time and correct the students by monitoring their activities for which you are responsible. Any matter which requires deliberation can be discussed in staff room or after school hours.

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Thanking You,

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Sd/(MK Lakshmi) Principal AF School-Hebbal

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Copy- O I/c AFSH "

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Reply to advisory Note

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"3. Apart from being an incorrect observation it is devoid of merit on the following grounds.

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a. If at all I was discussing some thing, I could not have been discussing with my self. Who are the other teachers engaged in discussion with me?

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b. There should be at least two or more names (Teachers). What is the action taken on them?

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c. The same observation is made on the same three teachers who were issued with advisory note earlier in the past. All the three of us belong to different Houses and stand in different groups. If all the three of us were found talking to other teachers, there are at least Half a dozen more teachers who were talking but know action is initiated on the, which indicates/Proves very clear discrimination and victimization

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d. Also it may please be informed who had observed this point and from what location? In the entire school assembly with all the children and teachers if

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some one is constantly following few teachers only, the intensions are questionable and can have any type of repercussions to mention that safety and protection of the honor of the school students as well as employees within the school complex including the school outdoor activities is the responsibility of school administration.

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4. Though I have not got any replies to my letters in the past, I am very optimistic that one day I will get the replies each of my letters. Thank you for giving me some more documentary proof to make my case stronger. "

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Management's reaction to reply by the petitioner and

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issuance of warning notice.

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Confidential

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"3. However, it was observed that in your letters to the subject advisory notes, you have resorted to uncalled for allegations, and also disputed the shortcoming brought out in your teaching methods as observed on 08 Sep 08 and 23 Sep 08. It is noted with great concern that in your reply, you have used intemperate language such as, "Advisory note incorrect, mischievous and motivated and hence outright rejected summarily, purview of physical torture to the teacher, seek compensation from those who enforce such restriction, motive of harassing specific teachers, observations are very subjective (motivated), as harassment by a particular person, personal doubtful motive, I can certainly use it to my advantage, without any truth or substance in it etc". You have also alleged that your class was observed on only one day and shown it as two different days." which is wrong as the undersigned, Principal and officiating Principal observed your classes on two different dates viz on 08 Sep 08. and 23 Sep 08. You have also given some suggestions but with derogatory remarks/tone. Any good suggestions for betterment of teaching will be taken positively and considered for implementation.

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4. You are hereby warned to desist from such acts of using intemperate language and unprofessional behaviour. Such act of yours in future would be viewed seriously and appropriate action as deemed fit will be initiated against you."

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Warning letter issued by the Management

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"Tele: 23411061/4410

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U Edn Sec HQ TC (U), AF Bangalore-06

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TCU/1321/1/3/ED 18 Aug 09

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Mrs Uma Hiramath TGT Air Force School Hebbal

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WARNING LETTER

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Madam,

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1. It is intimated that during the routine check on 17 Aug 09 at 1350 hrs by Mrs Kiran Trivedi Officiating Principal and JWO D Bhardwaj, JWO IC AFS Hebbal following points were observed:

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(a) The lesson plan was made for different chapter but during the check it was found that you were teaching the chapter, 'Ruling the Country side' (History). This clearly shows that no proper planning was done before going to the class.

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(b) Class control was very poor.

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(c) You were found dictating the answers to the students by telling them to mark a portion of paragraphs in the text book. Few students who were not having the text books were found sitting ideal. No effort was made to ask the students to sit with fellow students or share the books. The students were not able to locate the answer as told by the

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teacher and the teacher was found going from one student to another.

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(d) There was a total chaos in the class room which is against the norms of teaching profession.

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2. You are hereby once again "WARNED" to be more proactive in class room teaching learning process. In case no improvement is shown in future appropriate action as deemed fit will be initiated against you.

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(AKS Bishnoi) Sqn Ldr O IC AFS Hebbal

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Copy to: Principal AFS Hebbal "

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Reply to warning Letter

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"From Mrs Uma G Hiremath TGT AFS Hebbal

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Date: 21 Aug 2009

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To, Officer in Charge Air Force School Hebbal Bangalore

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SUB: REPLY TO WARNING LETTER (Through proper channel)

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1. Reference is made to letter no. TCU/1321/1/3/ED Dated 18^th August 2009.

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2. The following clarifications are given to the observations made Vide above quoted letter.

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a) It was originally planned to conduct the class as per the lesson plan however when some children wanted me to cover the previous lesson which they missed due to their participation in cultural activities planned on 15th August, I had to cover the previous lesson for those children to keep them at par with others who had already attended the class on 14th

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August. This was required to ensure that some children does not lose, so I had to cover the topic and question/ answers for the same. This was not an observation by the visitors, instead immediately on their entry I informed them about the change in the topic and continued the same with the permission of the visiting team. Later continued with the actual lesson plan also.

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b) Some of the children who were not doing anything were those who had already attended the class on 14th August. The general level of understanding of the class is quite low. This class was given to me in the recent change of time table. It may please be noted that change of time table and subject in the middle of the session disturbs the rhythm of class room teaching and learning process.

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c) As stated above the intelligence level of class is quite low and it takes special efforts to make them understand. Some of them are unable to find the correct page and correct paragraph quickly. To avoid wastage of precious time of other children teacher had to personally go to each child and get the correct marking. This can be interpreted as an extra involvement and personal concern of the teacher if it is seen in appositive manner.

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d) There was no chaos in the class till such time the visitors entered. Instead of merely observing, the visiting team started talking to the children personally known to them, some of the other children also got distracted and started diverting their attention that side.

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3. I am quite surprised to receive a warning letter for being extra helpful to the children, that too without giving me an opportunity to explain. It is not out of place to mention here that the facts are twisted and reported to the administration repeatedly. Even when this letter was given I was verbally told not to reply. On the similar lines attempts were made to wrongly represent my case as non cooperative when salaries were revised recently and on many other occasions, for which I have proof in writing to prove my case as an when required. Whenever I found them doing such things and pointed out these things they

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have no answer, they just keep quiet and discourage the teacher from reporting these matters. I have been teaching in various Air Force schools for more than 20 years and 15 years in this school alone. There was no occasion when I was observed for any short comings. The recent and repeated observations and communications in the last few months indicate that there could be a different motive. This may please be looked into to avoid unnecessary embarrassment to a senior teacher."

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Warning letter sent by Air Force School, Hebbal

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" AIR FORCE SCHOOL BANGALORE-560006

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CONFIDENTIAL

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AFSH 02 09 25 AUG 09

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WARNING

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To,

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Mrs Uma G Hiremath TGT (English) Air Force School Hebbal Bangalore-06

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Madam,

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1. On 24 Aug 09, you were asked to acknowledge the observation of correction work in English of Class VIII A.

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2. After reading you argued and refused to sign, and asked for a Xerox copy of the observation, which is not the Practise.

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3. you are hereby "WARNED" for showing disrespect to the constituted authority by raising your voice and refusal to sign as per Education Code 2005 chapter 7 para 3 (a)(w).

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Sd/(M K Lakshmi) Principal

AF School Hebbal

Copy to Oic AFSH"

Reply to warning letter

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" From: Mrs Uma G Hiremath TGT AFS Hebbal

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To: Principal Air Force School Hebbal Bangalore

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Date: 26 Aug 2009

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SUB: REPLY TO WARNING LETTER

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1. Reference is made to your letter no. AFSH/02/09 Dated 25th August 2009.

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2. I have the following facts to state in response to the observations.

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a) On 24th Aug 09 I was asked to sign for the observations made on the 'correction work' in English subject for class VIII-A for which I am not responsible as the time table had been changed and for the last more than two months I have handed over class VIII - A English and taken over VII-A&B English. When I was trying to explain that I am not responsible for this as it was clarified at the time of change of time table that hence forth I would be responsible for the new class and have nothing to do with the old one, you started shouting at me and insisted I must sign on the letter without properly reading it. For which I said I will carefully read it, understand and note down in my book if required as there is no copy of such communication given to us. At this point it was you who started shouting without any regard for the long service of the teacher. Since it was pack up time and I did not want to argue with you, I told I will read and sign it tomorrow and went off to bring this matter to the notice of the officer in charge in his office.

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b) I never asked for a photocopy, I merely said I need time to go through properly and note down the contents in my diary as no copy is given. It may be noted that all such unpleasant communications are handed over at the pack up time and asked to sign/ acknowledge in a hurry. Having suffered after blindly signing earlier. I wanted to be more careful this time.

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c) Entire observation is incorrect neither I raised the voice nor argued. Instead I said that I will go through properly and then sign it. By nature I never shout on anybody.

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3. The repeated counseling and warnings without any valid cause, without giving opportunity to explain indicate that intent could be something different. Being a senior officer's wife and associated with Air Force for more than thirty years, I do not want to initiate any proceedings or intervention by any agency against the organization which I consider my own. However I feel I am being drawn to do certain things against my will. Such impulsive warning letters without adequate time given to react/explain can be challenged at higher levels of Air Force organization or court of law. I have enough circumstantial evidence and witnesses to prove my case if required. I once again request you to be reasonable to the cause of education and dignified in dealing with a senior teacher.

Sd/-

Uma G. Hiremath

Copy To:

O i/c AFSH: This refers to my interview with you in your office on 24^th Aug 09. As expected very next this letter has been given to me. I request you to intervene and set aside/cancel this warning letter. Matter may please be examined and comments/remarks made in the school documents without my knowledge, if any may please be expunged."

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Upon reviewing the facts, this Court observes

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that the petitioner had a long history of dedicated service with no prior allegations of misconduct. The petitioner’s experience certificates from both the Delhi Army School and Bidar unequivocally affirm her status as a dedicated and sincere educator. Over the years, she has been recognized for her unwavering commitment to her students and her profession. These certificates are a testament to her exemplary teaching methods, her ability to inspire students, and her professional integrity. Her long-standing positive reputation in these institutions is indicative of her consistent performance and dedication, which makes the allegations levelled against her by the current management seem all the more questionable.

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The records from Air Force School present a starkly different narrative, where the petitioner found herself suddenly unexpectedly under intense scrutiny. Within the span of a single year, she received eight notices from the management, alleging a range of deficiencies in

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her performance. Such a rapid and concentrated barrage of accusations, particularly against someone with a previously unblemished record, raises serious concerns about the true motivations behind these actions. The timing and frequency of these notices suggest that the petitioner was being unfairly singled out, rather than being evaluated in a fair and objective manner.

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The explanations offered by the petitioner in response to these notices paint a narrative that is in direct contrast to the one suggested by the management. Her responses were well-reasoned, and she provided context and clarification that should have alleviated any concerns if the management had been acting in good faith. Instead, the persistent issuance of notices, despite her explanations, indicates a deliberate attempt to create a negative paper trail. This suggests that the management may have had ulterior motives for targeting her, which remain undisclosed. The contrast between her past commendations and the current allegations strongly implies that the

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petitioner was being targeted unjustly with the

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management perhaps seeking to push her out for reasons unrelated to her professional capabilities or conduct.

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This Court finds that the allegations made against the petitioner, even if taken at face value, are relatively minor infractions. Such allegations typically do not warrant severe disciplinary action, especially when the alleged misconduct has not been shown to have a significant negative impact on the students' learning or the school’s overall functioning. The principle of proportionality in disciplinary matters dictates that the punishment should be commensurate with the severity of the offense. In this case, the penalty of compulsory retirement is deemed to be disproportionately harsh given the nature of the alleged misconduct. This Court also notes that the petitioner’s suggestions for improving educational standards should have been considered in good faith by the management, rather than being misconstrued as criticisms.

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In examining the arbitrary actions taken by the management against petitioner, it is imperative to highlight the necessity of judicial review to uphold fairness and prevent misuse of authority. The Supreme Court of India has consistently upheld the principle that administrative actions must be conducted with adherence to the principles of natural justice and fairness.

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In L. Chandra Kumar v. Union of India¹ , the

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Hon’ble Supreme Court emphasized that judicial review is a fundamental feature of the Constitution, essential for maintaining the rule of law. This Court holds that any action by administrative authorities must be subject to judicial scrutiny to ensure that it does not transgress the boundaries of legality and reasonableness. This principle underscores the need for judicial review in petitioner's case, where the management's repeated actions appear arbitrary and lack a fair basis.

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1 (1997) 3 SCC 261

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Furthermore, in Ranjit Thakur v. Union of

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India² , the Hon’ble Supreme Court clarified that decisions by administrative authorities should be based on objective criteria and should not be arbitrary or capricious. The Court highlighted that administrative actions that are unreasonable or lack rational justification can be invalidated through judicial review. Petitioner's experience, characterized by inconsistent observations and unjustified warnings, reflects a lack of objective basis in the management's decisions, reinforcing the need for judicial oversight.

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The Hon’ble Supreme Court in B.C. Chaturvedi vs. Union of India³ also affirmed that the principles of natural justice and procedural fairness must be followed by administrative authorities. The Court held that decisions affecting the rights of individuals must be made with proper consideration of all relevant factors and with a fair opportunity for the affected party to present their case. The

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2 (1987) 4 SCC 611

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3 (1995) 6 SCC 750

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management's actions against petitioner, including issuing warnings without proper explanation or opportunity for defense, violate these principles of natural justice.

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In State of Kerala v. A. Lakshmikutty⁴ , the Hon’ble Supreme Court further reiterated that judicial review is necessary to prevent administrative actions that are motivated by bias or are in violation of established procedures. The repeated, seemingly baseless warnings and advisory notes against petitioner suggest a pattern that may be influenced by personal biases rather than objective performance assessment.

¶209

Given these precedents, it is clear that judicial review is crucial in petitioner case to ensure that the actions of the management are scrutinized for adherence to principles of legality, fairness, and reasonableness. The Supreme Court's judgments collectively support the view that administrative actions must be transparent, objective, and justifiable, making judicial oversight essential to rectify

¶210

4 (1987) 1 SCC 439

¶211

¶212

potential abuses of power and uphold the integrity of administrative processes.

¶213

Based on the above analysis, this Court concludes that the penalty of compulsory retirement imposed on the petitioner is unjust, harsh, and disproportionate. The management’s decision lacks adequate justification, given the trivial nature of the allegations.

¶214

In view of the above findings, the Court concludes that the penalty of compulsory retirement imposed on the petitioner is harsh, disproportionate, and unjust and, the management's decision is therefore set aside.

¶215

For the reasons stated supra, this Court

¶216

proceeds to pass the following:

¶217

ORDER

¶218

(i) The writ petition is allowed;

¶219

¶220

(ii) The impugned order of penalty of compulsory retirement dated 22.12.2011 passed by the respondent No.3 vide Annexure-T and the order dated 09.04.2012 passed by the respondent No.2 vide Annexure-T1 are hereby quashed;

¶221

(iii) The fact that petitioner has superannuated, the management is directed to expunge all adverse remarks relating to the allegations from the petitioner’s service record;

¶222

(iv) Pending I.As., if any, stand disposed

¶223

of.

¶224

SD/(SACHIN SHANKAR MAGADUM) JUDGE

¶225

Mrs Uma Hiremath W/O Air Commodore G L Hiremath v. the Air Marshall

Case brief

What is this about?

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Mrs Uma Hiremath W/O Air Commodore G L Hiremath v. the Air Marshall

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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