Court Rules Journalism Not Misconduct, Orders Reinstatement and Back Pay for Retired Teacher
In a landmark decision, the Allahabad High Court at Lucknow has set aside a disciplinary order against Suresh Bahadur Singh Kaushik, a retired Assistant Teacher, quashing his reversion from the post of Assistant Teacher, Junior Basic School to Assistant Teacher, Primary School. The court held that the principles of natural justice were violated during the disciplinary proceedings, as no oral inquiry was conducted, and no date, time, or place for cross-examination of witnesses was fixed.
Presided over by Justice Irshad Ali, the court found that the U.P. Government Servant (Conduct) Rules, 1956, which were cited as the basis for the disciplinary action, do not apply to teachers in the U.P. Basic Education Department, who are governed by the U.P. Basic Education (Teachers) Services Rules, 1981. The court emphasized that involvement in journalism does not constitute misconduct under these rules.
The case arose from a complaint lodged against Kaushik regarding his alleged involvement in journalism, leading to his suspension in March 2009. However, the court noted that the complaint was unverified and the complainant, Rakesh Kumar Awasthi, later denied the allegations through an affidavit, claiming the complaint was forged. Despite this, the disciplinary authority proceeded without conducting a proper oral inquiry, leading the court to conclude that the inquiry was vitiated in law.
Citing similar precedents, the court reiterated the necessity of an oral inquiry and the opportunity for cross-examination in disciplinary proceedings, underscoring the violation of natural justice principles in Kaushik's case. Consequently, the impugned order was quashed, and the court directed the District Basic Education Officer to treat Kaushik as an Assistant Teacher, Junior Basic School, from the date of his suspension until his retirement in March 2020. The court also ordered the payment of salary and arrears for this period.
The ruling reaffirms the legal safeguards for teachers against arbitrary disciplinary actions and highlights the judiciary's role in upholding procedural fairness and justice.
Bottom Line:
Principles of natural justice mandate that proper oral inquiry, including fixing of date, time, and place for cross-examination of witnesses, is essential in disciplinary proceedings against employees. Rules of 1956 are not applicable to teachers of U.P. Basic Education, and involvement in journalism does not constitute misconduct under applicable rules.
Statutory provision(s): U.P. Government Servant (Conduct) Rules, 1956; U.P. Basic Education (Teachers) Services Rules, 1981
Suresh Bahadur Singh Kaushik v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2882261
