- (1.) Heard learned counsel for the appellant as well as learned counsel for the State. The present appeal is filed under Section 15 of the Jharkhand Education Tribunal Act for issuance of appropriate writ, order or direction for setting aside the order dated 22.11.2007 passed by the learned President, Jharkhand Education Tribunal and the learned Administrative Member of Jharkhand Education Tribunal, Ranchi in Case No. 13 of 2007 (JET), whereby the learned Tribunal has rejected the application of the appellant with cost.
(2.) The brief facts of the case are as under : The appellant was appointed in PIITS Modern School, run by Christian Minority Gomia School Society which has permanent affiliation with the Central Board of Secondary Education, New Delhi, as a temporary teacher, vide Letter No. PMS/A/3141 dated 14.05.1990 and accordingly, he joined the service and after completion of probation period, his service was confirmed against the post of Assistant Teacher, vide Letter No. PMS/A/3142 dated 29.04.1992 with effect from 01.04.1992. Thereafter, all of a sudden, the appellant came to know that his services has been terminated by Respondent No. 2 with effect from 26.06.2004. The appellant received a letter No. PMS/A/3069 dated 15.07.2004 for vacating the quarter because his service has been terminated by the school. Thereafter, the appellant sent a notice dated 25.08.2004 through his advocate to the respondents for reinstatement in service. The respondent replied the said notice through an Advocate, vide reply dated 03.09.2004. Thereafter, the appellant approached before the Assistant Labour commissioner, Bokaro for redressal of his grievance, but, according to the appellant, his grievance was not redressed. Thereafter, the appellant moved before this Court for quashing the Letter No. PMS/A/3069 dated 15.07.2004, whereby appellant was terminated from his service and forced to leave the quarter, but the same was also dismissed by this Court. Subsequent thereto, the appellant filed an application before the Jharkhand Education Tribunal on 13.04.2007 being Case No. 13 of 2007 and the same was dismissed on 22.11.2007.
(3.) Learned counsel for the appellant submitted that being aggrieved and dissatisfied by the order of the JET, the appellant preferred appeal before the Jharkhand High Court on the ground that no regular departmental proceedings were ever initiated or conducted before the termination of the petitioner, which was punitive in nature and, therefore, the order of termination and consequently asking the appellant to vacate the quarter is in clear contravention of the principles of natural justice. Learned counsel further submitted that no prior notice has ever been served upon the appellant before termination from the service. Even the appellant has not been given any opportunity of hearing before termination of service. The learned JET has failed to consider the vital issue with regard to the non observance of principles of natural justice.;