Dismissed

Sumana D v. Central Board of Secondary Education

Kerala HC23 Jul 2024WP(C)/24746/2013

Case brief

AI extract

What is this about?

Two clerks of a private CBSE-affiliated school challenged their dismissal orders, alleging violation of the CBSE Affiliation Bye-Laws' major penalty procedure and principles of natural justice. The Court held the dispute was contractual master-and-servant between private parties and dismissed the writ petition.

What the court decided

AI extract

Sumana D Vs Central Board of Secondary Education — Service and Employment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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TUESDAY, THE 23RD DAY OF JULY 2024 / 1ST SRAVANA, 1946

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WP(C) NO. 24746 OF 2013

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PETITIONERS:

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1SUMANA D
AGED 52 YEARS
W/O.REGHUKUMAR,CLERK,
SREE NARAYANA SAMSKARIKA SAMITHY
(SENIOR SECONDARY) PUBLIC SCHOOL,
PERUMPUZHA,KUNDARA,KOLLAM-691 504

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2 SAJEEV G CLERK,SREE NARAYANA SAMSKARIKA SAMITHY (SENIOR SECONDARY) PUBLIC SCHOOL, PERUMPUZHA,KUNDARA,KOLLAM PIN-691 504 (RESIDING AT CHARUVILA KIZHAKKATHIL VEEDU, PERUMPUZHA POST, KUNDARA, KOLLAM-691 504

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BY ADV SRI.T.M.RAMAN KARTHA

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RESPONDENTS:

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1 CENTRAL BOARD OF SECONDARY EDUCATION SHIKSHA KENDRA, 2ND FLOOR, COMMUNITY CENTRE, PREET VIHAR,NEW DELHI-110092, REPRESENTED BY ITS CHAIRMAN

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2 DISTRICT LABOUR OFFICER, KOLLAM, PIN-691 001

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3 SREE NARAYANA SAMSKARIKA SAMITHY SENIOR SECONDARY PUBLIC SCHOOL PERUMPUZHAKUNDARA, KOLLAM-691 504

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4 PRINCIPAL SREE NARAYANA SAMSKARIKA SAMITHY SENIOR SECONDARY PUBLIC SCHOOL PERUMPUZHAKUNDARA, KOLLAM

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WP(C) No.24746 of 2013

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5 SREE NARAYANA SAMSKARIKA SAMITHY PERUMPUZHA KOLLAM,PIN 691 504, REPRESENTED BY ITS SECRETARY SUDHARAKAN

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6K.REGHUNATH
DISTRICT PRESIDENT,
SREE NARAYANA SAMSKARIKA SAMITHY,
PERUMPUZHA,KOLLAM, PIN-691 504

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BY ADVS.
NIRMAL S
SRI.M.SREEKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 23.07.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C) No.24746 of 2013

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JUDGMENT

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Dated this the 23^rd day of July, 2024

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The petitioners, who were working as Clerks in the Sree Narayana Samskarika Samithi (Senior Secondary) Public School, Perumpuzha, Kundara, Kollam and who claim to have been dismissed from service as per Exts.P9 and P9(a) orders without following the procedure for imposing major penalty as envisaged under Chapter VII, Clause 45 to 49 of the CBSE Affiliation Bye-Laws, are before this Court challenging their termination.

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The petitioners state that prior to the dismissal of the petitioners from service, the Disciplinary Authority has not framed any definite charge against the petitioners enabling them to file specific written statement of defence. No enquiry

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was conducted by the Enquiry Officer and the petitioners were not made available with any report submitted by the Enquiry Officer.

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WP(C) No.24746 of 2013

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The petitioners further state that the Disciplinary

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Authority has not called for objection of the petitioners and report was allegedly submitted by the Enquiry Officer without giving an opportunity to the petitioners to show cause regarding the proposed punishment. The entire proceedings leading to Exts.P9 and P9(a) dismissing the petitioners from service are in violation of the CBSE Rules and also in violation of the principles of natural justice.

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The petitioners are the employees of the 3^rd respondent-School. The 3^rd respondent-School is a Private School functioning under the CBSE stream. It is not a State or instrumentality of the State. The issue arising is of contractual nature, being a private dispute arising out of master and servant relationship.

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In the facts of the case, a writ petition is not maintainable. The writ petition is therefore dismissed.

Sd/-

N.NAGARESH

JUDGE

spk

WP(C) No.24746 of 2013

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APPENDIX OF WP(C) 24746/2013

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PETITIONER EXHIBITS

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`EXHIBIT P1`	`TRUE` `ISSUE`	`COPY` `D TO`	`OF` `THE`	`THE` `1ST`	`ORDER DATED 5-4-2002` `PETITIONER`
`EXHIBIT P1(A)`	`TRUE` `2006`	`COPY` `ISSUE`	`OF` `D TO`	`THE` `THE`	`ORDER DATED 15-04-` `2ND PETITIONER`
`EXHIBIT P2`	`TRUE` `2006`	`COPY`	`OF`	`THE`	`ORDER DATED 30-05-`
`EXHIBIT P3`	`TRUE` `2010`	`COPY` `ISSUE`	`OF` `D BY`	`THE` `THE`	`ORDER DATED 26-04-` `5TH RESPONDENT`
`EXHIBIT P4`	`TRUE`	`COPY`	`OF T`	`HE B`	`ANK STATEMENT`
`EXHIBIT P5`	`TRUE` `ISSUE`	`COPY` `D TO`	`OF T` `THE`	`HE M` `1ST`	`EMO DATED 24-05-2013` `PETITIONER`
`EXHIBIT P5(A)`	`TRUE` `ISSUE`	`COPY` `D TO`	`OF T` `THE`	`HE M` `2ND`	`EMO DATED 24-05-2013` `PETITIONER`
`EXHIBIT P6`	`TRUE` `2013`	`COPY` `SUBMI`	`OF` `TTED`	`THE` `BY`	`REPLY DATED 25-05-` `THE 1ST PETITIONER`
`EXHIBIT P6(A)`	`TRUE` `2013`	`COPY` `SUBMI`	`OF` `TTED`	`THE` `BY`	`REPLY DATED 28-05-` `THE 2ND PETITIONER`
`EXHIBIT P7`	`TRUE` `05-20` `THE 1`	`COPY` `13 AD` `ST PE`	`OF` `DRES` `TITI`	`THE` `SED` `ONER`	`COMPLAINT DATED 28-` `TO THE PRINCIPAL BY`
`EXHIBIT P7(A)`	`TRUE` `05-20` `THE 2`	`COPY` `13 AD` `ND PE`	`OF` `DRES` `TITI`	`THE` `SED` `ONER`	`COMPLAINT DATED 28-` `TO THE PRINCIPAL BY`
`EXHIBIT P8`	`TRUE` `THE P`	`COPY` `RINCI`	`OF` `PAL`	`THE` `TO T`	`DIRECTION ISSUED BY` `HE 1ST PETITIONER`
`EXHIBIT P8(A)`	`TRUE` `THE P`	`COPY` `RINCI`	`OF` `PAL`	`THE` `TO T`	`DIRECTIONS ISSUED BY` `HE 2ND PETITIONER`
`EXHIBIT P9`	`TRUE` `MANAG` `PETIT`	`COPY` `EMENT` `IONER`	`OF` `DA`	`THE` `TED`	`ORDER ISSUED BY THE` `2-6-2013 TO THE 1ST`
`EXHIBIT P9(A)`	`TRUE` `MANAG` `PETIT`	`COPY` `EMENT` `IONER`	`OF` `DA`	`THE` `TED`	`ORDER ISSUED BY THE` `2-6-2013 TO THE 2ND`
`EXHIBIT P10`	`TRUE` `SUBMI` `OFFIC`	`COPY` `TTED` `ER BY`	`TO` `THE`	`OF` `TH` `1ST`	`THE REPRESENTATION` `E DISTRICT LABOUR` `PETITIONER`
`EXHIBIT P10(A)`	`TRUE`	`COPY`		`OF`	`THE REPRESENTATION`
	`SUBMI` `OFFIC`	`TTED` `ER BY`	`TO` `THE`	`TH` `2ND`	`E DISTRICT LABOUR` `PETITIONER`

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WP(C) No.24746 of 2013

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`EXHIBIT P11`	`TRUE` `DIST` `PETI`	`COPY` `RICT` `TIONER`	`OF` `LAB`	`THE` `OUR`	`NOTICE ISSUED BY THE` `OFFICER TO THE 1ST`
`EXHIBIT P11(A)`	`TRUE` `DIST` `PETI`	`COPY` `RICT` `TIONER`	`OF` `LAB`	`THE` `OUR`	`NOTICE ISSUED BY THE` `OFFICER TO THE 2ND`
`EXHIBIT P12`	`TRUE` `2013` `OFFI`	`COPY` `ISSU` `CER`	`OF` `ED`	`THE` `BY`	`NOTICE DATED 19-08-` `THE DISTRICT LABOUR`
`EXHIBIT P12(A)`	`TRUE` `2013` `THE`	`COPY` `ISSU` `DISTRI`	`OF` `ED` `CT`	`THE` `TO T` `LABOU`	`NOTICE DATED 21-08-` `HE 2ND PETITIONER BY` `R OFFICER`
`EXHIBIT P13`	`TRUE` `OF T`	`COPY` `HE 1ST`	`OF` `RE`	`THE` `SPOND`	`AFFILIATION BYE LAWS` `ENT`
`EXHIBIT P14`	`TRUE` `SUBM` `THE`	`COP` `ITTED` `1ST RE`	`Y` `BY` `SPO`	`OF` `THE` `NDENT`	`THE REPRESENTATION` `PETITIONERS BEFORE`

Sumana D v. Central Board of Secondary Education

Case brief

What is this about?

What the court decided

Sumana D v. Central Board of Secondary Education

Case brief

What is this about?

What the court decided

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