9911796707
TMI Blog1998 (11) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. Respondent No. 1 was earlier working as a teacher in Pallavi Vidyalaya. He was declared a surplus teacher on closure of that institution in 1988. Under direction of the Director of Education he was absorbed on 25.11.1988 as a teacher in Durga Vidyalaya run by appellant No. 1. While joining this new School, respondent No. 1 did not produce his service book nor was it forwarded by Pallavi Vidyalaya to Durga Vidyalaya. He was, however, paid his salary in the revised pay scale of ₹ 1400-2600 as per the last pay certificate submitted by him. Durga Vidyalaya had earlier told him to produce his service book as it was necessary for it to verify fixation of his pay and obtain grant from the F Government. He did not produce it but Pallavi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oncerned authority passed an order of termination of his service on 15.03.94. 3. Respondent No. 1 challenged that order before the Gujarat Secondary Education Tribunal. The Tribunal held that the charges were duly proved and the acts committed by Respondent No. 1 did amount to a serious misconduct; but as Respondent No. 1 had done so because of the delay of about four years in fixation of his pay in the revised pay scale and because the service book was given to Respondent No. 1 instead of sending it directly to the concerned authorities and as he was comparatively of young age, termination of his service amounting to his economic death was not called for. It was of the view that a lenient view should be taken and, therefore, held that s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent No. 1 to commit the act of misconduct; and (iii) young age of respondent No. 1, cannot be regarded as good grounds for substituting the order of dismissal with the order of withholding of one increment only with future effect. He submitted that the Tribunal in doing so clearly exceeded its jurisdiction. He also submitted that the High Court without proper application of mind virtually rejected the writ petition filed by the appellant holding that the reasons given by the Tribunal are cogent and do not call for interference. 6. After a review of earlier cases, this Court in B.C. Chaturvedi v. Union of India and Ors., (1996)ILLJ1231SC has held that the High Court/Tribunal, while exercising the power of judicial review, cannot nor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces the punishment of dismissal was imposed by the School Management, it cannot be said that it was shockingly disproportionate to the gravity of the misconduct. 7. The extenuating factors referred to by the Tribunal for taking a lenient view cannot reasonably lead to the conclusion that the punishment was highly disproportionate. Respondent No. 1 after his absorption in Durga Vidyalaya was getting his salary at ₹ 1480 in the revised pay scale and thus he was not hurt financially as a result of the delay in forwarding his service book to Durga Vidyalaya. There was no compelling reason for respondent No. 1 to indulge in the acts of forgery as he could have obtained the necessary endorsements by the District Education Officer, the Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from service being an economic death, such a severe punishment ought not to have been imposed upon respondent No. 1 when by his said acts, he was not to gain any additional financial benefit. Whether he was likely to gain anything or not thereby did not have much bearing on the gravity of the misconduct. The acts committed by him constituted not only a serious misconduct but also a serious criminal offence. Learned counsel also relied upon the earlier quoted observations made by Hansaria. J. in B.C. Chaturvedi case (supra). Really, they have no relevance to the facts of this case. This is not a case where the High Court/Tribunal found any difficulty in granting an appropriate relief to respondent No. 1 because of some technicality of rules ..... X X X X Extracts X X X X X X X X Extracts X X X X
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