MANMOHAN SINGH JAITLA, ETC. ETC. versus THE COMMISSIONER. UNION TERRITORY CHANDIGARH AND ORS. ETC. ETC.

MANMOHAN SINGH JAITLA, ETC. ETC. versus THE COMMISSIONER. UNION TERRITORY CHANDIGARH AND ORS. ETC. ETC.

An order terminating the service of an employee of an aided school is ab initio void and unsustainable if passed without holding a mandatory inquiry as prescribed by Section 3 of the Punjab Aided Schools (Security of Service) Act, 1969, even if justified by a prior agreement. The powers exercised by Deputy Commissioner and Commissioner under the Act are subject to judicial review by High Court under Article 227.

Parties
Appellant: Manmohan Singh Jaitla; Petitioner: Amir Singh; Respondent: The Commissioner, Union Territory Chandigarh and Ors.
Jurisdiction
India
Judgment Date
19 December 1984
Procedural Posture
Civil Appeal and Writ Petition / Supreme Court Decision on Appeal and Writ Petition
Outcome
Appeal and petition allowed
Legal Topics
Statutory Service Protection, Disciplinary Proceedings, Writ Jurisdiction, Termination of Employee in Aided Schools
Education Law Administrative Law Constitutional Law Statutory Service Protection Disciplinary Proceedings Writ Jurisdiction Termination of Employee in Aided Schools

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Manmohan Singh Jaitla

Appellant

Amir Singh

Petitioner

The Commissioner, Union Territory Chandigarh and Ors.

Respondent

Procedural Posture

Civil Appeal and Writ Petition / Supreme Court Decision on Appeal and Writ Petition

Legal Issues

  1. 1 Whether dismissal/removal/reduction in rank of employees of aided schools requires mandatory inquiry under Section 3 of the Punjab Aided Schools (Security of Service) Act, 1969 even if an agreement exists to the contrary
  2. 2 Whether orders of Deputy Commissioner and Commissioner under the Act are subject to writ jurisdiction of the High Court under Article 227
  3. 3 Whether termination without inquiry amounts to malafide and colorable exercise of power

Ratio Decidendi

An order terminating the service of an employee of an aided school is ab initio void and unsustainable if passed without holding a mandatory inquiry as prescribed by Section 3 of the Punjab Aided Schools (Security of Service) Act, 1969, even if justified by a prior agreement. The powers exercised by Deputy Commissioner and Commissioner under the Act are subject to judicial review by High Court under Article 227.

Court Disposition

Appeal and petition allowed

Orders

  • Order terminating services of Headmaster Manmohan Singh Jaitla quashed and set aside; appellant reinstated with continuity and full back wages, subject to adjustment for any payment already made under previous court orders.
  • Order terminating services of Drawing Teacher Amir Singh quashed and set aside; petitioner reinstated with continuity and full back wages.