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| HC quashes termination order of teacher by ZEO | | | Early Times Report
Jammu, Apr 26: Justice JP Singh quashed termination order of petitioner Bandna Devi who was engaged as third teacher under Rehbra-e-Taleem Scheme, whose termination order was issued by Zonal Education Officer Vijaypur on January 17, 2004.
Petitioner represented to Chief Education officer Jammu against her termination. Report was sent by the CEO to the Director School Education Jammu suggesting her readjustment. ZEO appears to have not permitted the petitioner to mark her attendance in the School. Aggrieved by the conduct of the official respondents in not permitting her to mark her attendance in the school and asserting, on the basis of documents, that she was not absent from duty and had rather been discharging her official duties pursuant to her deputation for undergoing training under Sarv Shiksha Abhiyan w. e .f June 07, 2004 to July 06, 2004, she has filed this Writ Petition seeking quashing of Zonal Education Officer's Order No. ZEO/V/951 dated October 18, 2004, besides a direction to the respondents to permit her to discharge her duties as third Teacher in Government Primary School Mohargarh. Justice JP Singh after hearing Adv Abhinav Sharma appearing for the petitioner, AAG Gagan Basotra for the state and Adv HC Jalmeria for the private respondents observed that ZEOs impugned termination order passed on the premise that the petitioner had absented from duty w.e.f. 01.04.2004 to 31.05.2004 is admitted by the parties to have been so passed without hearing the petitioner regarding her alleged absence from duty. As the termination order has been issued without hearing the petitioner about her absence and recording finding as to whether or not the allegation about her absence from duty was true and correct, it may not be sustainable for violation of the principles of natural justice. The engagement of private respondent in place of petitioner as a consequence of her termination too becomes unsustainable in view of petitioner's termination having been held invalid and unsustainable. The petitioner's termination violating the principles of Natural Justice, therefore, needs to be quashed and Court quashed the order passed by the ZEO and the engagement of private respondent in her place., however, Court asked the respondents to proceed against the petitioner for her absence, in accordance with law, if so warranted. ---JNF
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