- (1.) THE present appeal has been filed by the appellant being aggrieved and dissatisfied with the judgment dated 26.10.2010 passed by the learned Jharkhand Education Tribunal, Ranchi in Case No. 67/2009.
(2.) THE learned counsel for the petitioner submitted that the application preferred by the present appellant before the Tribunal on 26.11.2009 with a prayer to quash letter No. 47/2009 dated 24.8.09, whereby the appellant was ordered to be dismissed from service in arbitrary manner, without giving any opportunity of hearing and without following the principles of natural justice. Learned counsel for the petitioner by referring impugned order passed by the Tribunal and more particularly of para 7 of the judgment pointed out that the learned Jharkhand Education Tribunal has not properly considered the issue with regard to observance of principle of natural justice while assigning the reasons for order of dismissal by respondent No. 3. It is also submitted that the Tribunal has observed in one line that the allegation made by the appellant with regard to non- observation of the principle of natural justice is found to be un-true, except that no further discussion with regard to various statements made by the appellant has been dealt with and decided by the Tribunal by assigning justification/reasons thereon. It is further submitted that the appellant was appointed as an Assistant Teacher in the School vide appointment letter dated 16.11.2000 and since then she has been working in the school but the respondent management has arbitrarily terminated the services of the appellant without due process of law. As against that, the learned counsel for the respondent No. 3 submitted that the Tribunal has not committed any error while rejecting the petition and the tribunal after proper consideration of the facts and circumstances of the case, rejected the petition of the appellant and therefore, the present appeal may be rejected.
(3.) CONSIDERING the rival submissions and from perusal of the order impugned dated 26.10.2010 passed by the learned Jharkhand Education Tribunal (JET), Ranchi in Case No. 67/2009, it appears that the appellant preferred an application challenging the order of dismissal from service issued against her by Management. The main contention raised by the appellant before the Tribunal was that her services was terminated arbitrarily without following the due process of law and more particularly without observance of principle of natural justice. It is also submitted that the appellant was never served any show cause notice and opportunity to submit his explanation in respect of allegation. From perusal of the order passed by the Tribunal, it appears that the submission made by the learned counsel for the appellant in this regard was noted by the Tribunal but while assigning reason and by dismissing the petition preferred by the appellant, in para 7 of the order impugned, the Tribunal has not properly considered this aspect of the matter and thereby dismissed the petition without assigning any reason whatsoever. The order of dismissal is considered as a major penalty and, therefore, the respondent School management is required to follow the due process of law as well as principle of natural justice.;