THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI
W.P.No. 29498 of 2023
ORDER:
In this writ petition, the petitioner is seeking a writ of mandamus by declaring the action of the respondents No.3 and 4 in conducting the enquiry as in violation of principles of natural justice and therefore illegal, arbitrary and contrary to the Disciplinary and Appeal Rules, 2002 and consequently to set aside the show-cause notice dated 06.09.2023 and also the enquiry report and the suspension order dated 04.10.2023 and to pass such other order or order in the interest of justice.
2. Brief facts leading to the filing of the present writ petition are that the petitioner was initially appointed as PGT (Telugu) on contractual basis on 31.10.2011, which was extended from time to time by the respondent No.3. It is submitted that the present contract of the petitioner was extended on 09.07.2021 for a period of three years i.e., from 17.07.2021 to 16.07.2024 as per the terms and conditions mentioned therein.
2
PMD,J W.P.No. 29498 of 2023
3. It is submitted that the respondent No.3 has issued a show-cause notice dated 21.07.2023 seeking the explanation of the petitioner on the complaint received from one Mr.Dhanajay Reddy, parent of Master Jivansh Reddy of class-4F alleging that the petitioner has repeatedly beaten his son in front of his classmates on 19.07.2023. The petitioner submitted her explanation vide letter dated 24.07.2023 stating that she has not caused any harm or pain to Master Jivansh Reddy intentionally and only in order to maintain discipline in the class, she had warned him orally but as he was not listening to the oral instructions, she only patted the child on his back. She also submitted that she has no intention to hurt the child and also apologized to the Principal as well as the parents of the child and assured them that she will not take any such steps in future. It is submitted that the respondent No.3, without considering the explanation of the petitioner and the apologies tendered by her, has proceeded to appoint an Enquiry Officer to proceed with disciplinary proceedings against the petitioner and on 24.07.2023, one Mr.S.Prabhakar Reddy was appointed as Enquiry Officer and Mr.K.J.M.Reddy was appointed as presenting officer. It is submitted that the petitioner has 3 PMD,J W.P.No. 29498 of 2023 participated in enquiry and thereafter the enquiry report was submitted holding the petitioner to be guilty of the charges and thereafter, the respondent No.3 has issued a show-cause notice dated 06.09.2023 as to why the major punishment of termination of service as per the Hyderabad Public School Disciplinary Rules, 2002, should not be imposed since as per the enquiry report it was proved that the petitioner was guilty of the charges.
4. Learned counsel for the petitioner submitted that the said show-cause notice is in the nature of pre-determined decision to impose the major punishment of termination and therefore, the same is illegal, arbitrary and in violation of principles of natural justice. It is submitted that petitioner has submitted her explanation to the show-cause notice and has also filed an appeal against the suspension order before the respondent No.2, but no action has been taken by them and when the petitioner sent the appeal by registered post acknowledgment due, the same was refused by the authorities. She therefore apprehends that her appeal may not be considered by the authorities.
4
PMD,J W.P.No. 29498 of 2023
5. Further, learned counsel for the petitioner submitted her arguments extensively in relation to violation of principles of natural justice in issuing the show-cause notice and showing pre-determined mind for imposition of the major punishment of termination of services without accepting her apology.
6. When the case was came up for admission on 19.10.2023, this Court was pleased to direct the respondents not to take any further coercive steps pursuant to the show- cause notice dated 06.09.2023.
7. Learned Standing counsel for the respondents has filed counter affidavit and also stay vacate petition in I.A.No.2 of 2023 along with the counter affidavit. In view of the same, the writ petition is heard and is being disposed of at the admission stage at the behest of both the parties.
8. Learned Standing counsel has taken a preliminary objection about the maintainability of the writ petition. Learned counsel for the petitioner submitted that the maintainability of the writ petition against the Hyderabad Public School has 5 PMD,J W.P.No. 29498 of 2023 already been argued in another writ petition and therefore, the same is not being argued at length in this writ petition.
9. Having regard to the rival contentions and the material on record, this Court finds though the respondents have raised the ground about the maintainability of the writ petition against the respondent institution, and the issue has already heard at length and is pending adjudication in another writ petition filed by the very same counsel against the respondent school. Therefore, subject to the outcome of the said writ petition, this writ petition is being disposed of on the merits of the issue before this Court.
10. Learned Standing counsel for the respondents submitted that beating of child in the school would amount to awarding of Corporal punishment under the Juvenile Justice (Care and Protection of Children) Act of 2015 and the School management would also be responsible, if no action is taken by it against the offending employee. It is submitted that the respondents have accordingly issued the notice to the petitioner and an enquiry was conducted, in which the petitioner has admitted to the incident and has tendered her apology. It is 6 PMD,J W.P.No. 29498 of 2023 submitted that after perusing the CCTV footage of the said incident, the Enquiry Officer has come to a conclusion that the petitioner was guilty of indulging in Corporal punishment and therefore, a show-cause notice was issued for awarding the punishment. It is submitted that the said show-cause notice was in accordance with the principles of natural justice and it is not a pre-determined decision of the disciplinary authority, but it was an intention to let the charged officer know about the probable punishment to be imposed. He placed reliance upon the judgment of the Hon'ble Supreme Court in the case of Hukum Chand Malhotra Vs. Union of India in Civil Appeal No.288 of 1958, dated 12.12.1958 wherein such a show-cause notice informing about the proposed punishment, was upheld. As regards the competence of the authority, who has issued the show-cause notice, it is submitted that the disciplinary authority has the authority to issue the suspension order and in this case, Principal is the disciplinary authority under the Disciplinary and Appeal Rules for the employees of Hyderabad Public School. He submitted that these arguments are without prejudice to his arguments that the respondent school is not amenable to the writ jurisdiction. He further has sought to play 7 PMD,J W.P.No. 29498 of 2023 video clipping of the incident by submitting the pendrive. However, the video clipping of the particular incident was shown on I-Pad, in which it appeared that the teacher has not patted the child but has beaten the child. Whether the said Act of beating was as a punishment or to discipline the child, is not known. However, this Court is not deciding the issue as to whether the said Act deserves the punishment of termination of services as suggested in the show-cause notice.
11. As narrated above, the incident of beating the child Master Jivansh Reddy by the petitioner herein has happened on 19.07.2023 and an enquiry was conducted and the show-cause notice was issued on 06.09.2023 and the petitioner was placed under suspension on 04.10.2023. After going through the sequence of events and also the material on record, this Court is satisfied that there is no violation of principles of natural justice and the petitioner was given sufficient opportunity of presenting her case. It may be another issue that her apology has not been accepted by the respondents and therefore, they have issued the show-cause notice of termination of services, but the said show- cause is after giving an opportunity to submit her explanation and also after conducting an enquiry, in which the petitioner 8 PMD,J W.P.No. 29498 of 2023 has participated. Therefore, there is no violation of any of the principles of natural justice.
12. In view of the same, this Court does not find any reason to interfere with the impugned order, however, in the interest of justice, this Court deems it fit and proper to direct the respondents to consider the apology tendered by the petitioner and also the explanation with an open mind and take a decision without being influenced by what was suggested in the show-cause notice.
13. This writ petition is disposed of with above directions. There shall be no order as to costs.
14. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
____________________________ JUSTICE P.MADHAVI DEVI Date: 09.11.2023 bak 9 PMD,J W.P.No. 29498 of 2023 156 THE HONOURABLE SMT JUSTICE P.MADHAVI DEVI W.P.No.29498 of 2023 Dated: 09.11.2023 bak