JUDGEMENT
SHETHNA, J. -
(1.) THESE two sepcial Specials are disposed of by this common judgment.
(2.) IT is true that this Court has got very wide powers under Article 226 of the Constitution, but at the same time they are to be exercised very carefully. IT is not necessary for this Court to exercise such powers in each and every case where there is some infraction of some Rules or principle of natural justice. The duty of a Teacher is to impart good education to the students. Unfortunately, in our country the situation is going from bad to worse in educational field. Teachers, who are guardian of students, instead of imparting good education they instigated the students to tear of their answer books in the chamber of the Principal of School. Where the domestic enquiry for such type of charges are found to be proved then this Court would certainly not interfere with such order, particularly when the learned Single Judge on this very ground refused to exercise his extra ordinary jurisdiction under Article 226 of the Constitution of India.
The mis-conduct alleged and found to be proved in domestic enquiry was of such a serious nature that it calls for extreme penalty. These two appellants -teachers, who entered the chamber of the Principal of the School not only threatened the Principal with dire consequences but also provoked their students to tear off their answer books and accordingly, as many as, 53 students did it. Before approaching this Court by way of writ petition before the learned Single Judge they had approached the Tribunal, but the Tribunal also dismissed their application by a very lengthy and detailed judgment.
When the Tribunal has found that no prejudice was caused to the teachers in domestic enquiry then this Court will not interfere with such order even if there is some infraction of rules. At the cost of repetition, we may state that when the learned Single Judge has refused to exercise extra ordinary jurisdiction under Article 226 of the Constitution of India then certainly this Court will not exercise its jurisdiction in special appeal. The word "special" has got a special meaning. It is not a regular first appeal but it is a special appeal.
With these observations, these two special appeals are dismissed. .;
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