Scope Of Judicial Review In Service Matters Limited, Affected Party Must Avail Civil Remedy: Gujarat High Court Reiterates

Case: Pawan Kumar Sharma vs. Anandalaya Education Society

Coram: Justice Sandeep N Bhatt

Case No.: R/Special Civil Application 1942 of 2023

Court Observation: “In view of abovementioned factual aspects, it transpires that the conduct of the petitioner is apparently unbecoming to the Principal of the School. Not only that, the School has tried to follow the necessary procedure by holding the inquiry, but also the conduct of the petitioner was such that the inquiry could not be proceeded further and inquiry was stopped due to non-willingness of the Inquiry Officer to proceed further. The conduct of the petitioner as Principal of the School was sending a wrong message among the teachers and students as he is expected to behave in the most appropriate and disciplined manner.”

“it clearly transpires that the respondent authority though it is not required, as cannot be considered as ‘State’ under Article 12 of the Constitution of India and looking to the nature of the service, which can be termed as contractual appointment and also considering the fact that even the FIR is filed against the petitioner during the pendency of inquiry by one of the teachers, the termination of the petitioner is found in larger public interest as the petitioner being a Principal of the school has to show more courtesy and respect towards the rules and regulations, which he has not shown.”

“This Court finds that there is clear element of loss of confidence in the petitioner by the respondent institution in view of the above stated fact, and therefore, the respondent is justified in its action by exercising the power under Anandalaya Education Society (Service conditions, discipline, conduct and appeal) Rules, 1988 and on legal aspect also, considering the settled legal position also, this Court finds no justifiable reason to interfere in the order passed by the respondent by exercising the powers under Article 226 of the Constitution of India, and therefore, the present petition is not required to be considered, and therefore, the present petition is dismissed.”

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Keywords

Scope Of Judicial Review