2009 (11) TMI 998 - SC - Indian Laws

Summary

Issues involved:
The issues involved in this case are the maintainability of a writ petition when an alternative remedy is available, the violation of principles of natural justice in the termination of services, and the requirement of following statutory rules in imposing major penalties.

Maintainability of Writ Petition:
The appellant, a lecturer promoted to Principal, had her services terminated without a show-cause notice or disciplinary proceedings. The High Court dismissed her writ petition citing the availability of an alternative appeal remedy. The Supreme Court held that a writ petition can be maintainable in cases of lack of jurisdiction, violation of natural justice, or questioning the vires of an act. Referring to previous cases, the Court emphasized the exceptions where a writ petition can be entertained despite an alternative remedy being available.

Violation of Principles of Natural Justice:
The termination order was passed without initiating disciplinary proceedings or providing an opportunity for a hearing to the appellant. The Supreme Court found that the High Court erred in rejecting the writ petition on the grounds of an alternative remedy being available. It was noted that the order of termination lacked the necessary disciplinary proceedings and hearing, making the writ petition maintainable under the law.

Compliance with Statutory Rules:
The Supreme Court highlighted that before imposing a major penalty like termination, an inquiry must be conducted as per statutory rules. The disciplinary authority must frame charges, provide an opportunity for a written statement and a hearing, and obtain approval from the Managing Committee. The High Court's dismissal of the writ petition was deemed erroneous in light of these statutory requirements. The Court set aside the termination order, allowing for the initiation of proper disciplinary proceedings with due process.

Conclusion:
The Supreme Court set aside the High Court's judgment, quashed the termination order, and allowed the writ petition. It directed the authorities to follow statutory rules in any future disciplinary proceedings against the appellant. The appeal was allowed with no costs imposed.