2 weeks ago
Delhi High Court reinstates probationary teacher fired without inquiry
A teacher in Delhi lost her job at a private school.
The school said it was because she did not do her job well and behaved badly.
The teacher thought this was unfair.
She asked the Department of Education for help.
The department told the school to give her job back.
The school did not agree and went to court.
The judge said the school had to follow the rules.
Even people who are new at a job cannot be fired for bad behavior without a fair hearing.
The school did not ask the teacher about the complaints or hold a proper meeting.
So the judge said she gets her job back, plus half of the pay she missed.
Delhi High Court upheld the reinstatement of a teacher dismissed by a private school without a disciplinary inquiry.
The school terminated the teacher's services in 2016, alleging poor performance and misconduct.
The court ruled that employers cannot avoid an inquiry merely by describing an employee as a probationer.
Justice Sanjeev Narula ordered reinstatement with continuity of service, salary fixation and 50 per cent back wages.
The court noted no charge-sheet was issued and the termination order was issued the same day as the memorandum of allegations.
- Who
- A teacher terminated by a private school in 2016, the school, the Directorate of Education, and Justice Sanjeev Narula of the Delhi High Court.
- What
- The court upheld the teacher's reinstatement after her dismissal without a disciplinary inquiry or charge-sheet.
- Where
- Delhi, India.
- When
- The teacher was terminated in 2016; the deputy director of education ordered reinstatement in 2018; the court ruled on August 3.
- Why
- Misconduct allegations must be put to the employee with an opportunity to respond, and employers cannot avoid an inquiry by calling an employee a probationer.
Key facts
- Court
- Delhi High Court
- Judge
- Justice Sanjeev Narula
- Ruling date
- August 3
- Year of termination
- 2016
- Earlier reinstatement order
- 2018 order by deputy director of education
- Relief granted
- Reinstatement with continuity of service, salary fixation and 50% back wages
- School's allegations
- Poor performance and misconduct
- Procedure followed
- None - no charge-sheet, no statement of imputations, no evidence, no inquiry
Quotes
Justice Sanjeev Narula
Judge of the Delhi High Court
“Where termination is founded upon misconduct, the employer cannot avoid an inquiry merely by describing the employee as a probationer. The allegations must be put to the employee, and an opportunity to meet them must be afforded.”
indianexpress.com
Sources
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