Central Administrative Tribunal - Chandigarh
Karamjit Singh Son Of Shri Bhupinder ... vs Union Of India on 23 November, 2010
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.885-CH of 2009
Chandigarh, this the 23rd day of November, 2010
CORAM:HONBLE MR. JUSTICE S.D.ANAND, MEMBER(J)
HONBLE DR.A.K.MISHRA, MEMBER(A)
Karamjit Singh son of Shri Bhupinder Singh, aged 34 years, Director Physical Education (DPE), under termination, Govt. Model Senior Secondary School, Sector 47-D, Chandigarh, resident of House No.3882/1, Sector 47-D, Chandigarh.
APPLICANT
BY ADVOCATE: SHRI RANJIVAN SINGH
VERSUS
1. Union of India, through Secretary, Department of Education, Government of India, North Block, New Delhi.
2. Secretary, Department of Education, U.T., Chandigarh, Chandigarh Administration, U.T., Secretariat, Sector 9, Chandigarh.
3. Director Public Instructions (Schools), U.T., Chandigarh, Chandigarh Administration, U.T. Secretariat, Sector 9, Chandigarh.
4. District Education Officer (S), U.T., Chandigarh, U.T. Secretariat, Sector 9, Chandigarh.
5. Principal Govt. Model Senior Secondary School, Sector 47-D, Chandigarh.
RESPONDENTS
BY ADVOCATE: SHRI ASEEM RAI
ORDER
HONBLE MR. JUSTICE S.D.ANAND, MEMBER(J):-
It is apparent, from a conjunctive perusal of the pleadings of the parties that the applicant herein, though holder of a contractual appointment, came to be terminated vide impugned order dated 23.7.23009 which (order) is stigmatic on the face of it. That order is extracted hereunder:-
EDUCATIONDEPARTMENT:
CHANDIGARH ADMINISTRATION ORDER The services of Mr.Karamjeet Singh, DPE on contract basis, Govt. Model Sr.Sec.School, Sector 47, Chandigarh is hereby terminated with immediate effect. Mr.Karamjeet Singh, DPE on contract basis had conducted himself in a highly irresponsible and uncivilized manner by resorting to Corporal Punishment which is totally banned ny the Education Department, Chandigarh Administration as per guidelines issued by the MHRD, Govt. of India, New Delhi.
Sd/-RAM NIWAS, IAS Home-cum-Education Secretary, Chandigarh Administration
2. Though there can be no dispute with the proposition that an appointment of a contractual character can be terminated in accordance with the terms and conditions of the contract, there can equally be no escape from the conclusion that such an order has to be absolutely innocuous in character. If it turns out to be stigmatic in character, it has to be preceded by a regular departmental inquiry.
3. In the light of the above view, we have taken in the context of the legal aspect, we do not at all propose examining the merits of the case.
4. Thus, while allowing the O.A. and quashing the impugned order, we would grant liberty to the competent authority to proceed afresh in the matter. The exercise, undertaken afresh in accordance with the terms and conditions of the appointment, must conclude within one month from today. The applicant herein shall render fullest cooperation to the competent authority in the conclusion of the exercise.
5. The O.A. shall stand disposed of accordingly.
6. There shall be no order as to the costs of the cause in the facts and circumstances of the case.
(JUSTICE S.D.ANAND) MEMBER(J) (DR.A.K.MISHRA) MEMBER(A) Dated: November 23, 2010 `bss 4 (OA No. 885-CH/09)