AVINASH NAGRA versus NAVODAYA VIDYALAYA SAMITI ETC.
Conduct of the appellant is unbecoming of a teacher, and management's decision to dispense with regular inquiry and deny cross-examination is justified under rules and special notification; no violation of principles of natural justice; second writ petition not maintainable due to constructive res judicata.
- Parties
- Appellant: Avinash Nagra; Respondent: Navodaya Vidyalaya Samiti
- Jurisdiction
- India
- Judgment Date
- 30 September 1996
- Procedural Posture
- Civil Appeal / Final Disposition at Supreme Court
- Outcome
- appeal dismissed
- Legal Topics
- Termination of Service, Disciplinary Proceedings, Moral Turpitude, Natural Justice, Constructive Res Judicata, Education Law
Case Brief
Summary, issues, holding and outcome
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Parties
Avinash Nagra
Appellant
Navodaya Vidyalaya Samiti
Respondent
Procedural Posture
Civil Appeal / Final Disposition at Supreme Court
Legal Issues
- 1 Whether dismissal from service under appointment terms is vitiated by violation of rules or principles of natural justice
- 2 Whether appellant is entitled to full-fledged inquiry and cross-examination opportunity
- 3 Whether second writ petition is maintainable in view of constructive res judicata
Ratio Decidendi
Conduct of the appellant is unbecoming of a teacher, and management's decision to dispense with regular inquiry and deny cross-examination is justified under rules and special notification; no violation of principles of natural justice; second writ petition not maintainable due to constructive res judicata.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed with no costs.
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