- (1.) The present appeal is filed under section 15 of the Jharkhand Education Tribunal Act, 2005 being aggrieved and dissatisfied with the judgment and order dated 7.2.2007 passed in Case No. 60 of 2006 by learned Jharkhand Eduction Tribunal whereby the case filed by the appellant has been disposed of by holding that the order of dismissal from service of the appellant passed by the respondent is justified. The learned counsel for the appellant referred to and relied upon the various grounds as enumerated in the memo of appeal and submitted that the order passed by the Disciplinary Authority is against of principle of natural of Justice, likewise, the learned Jharkhand Educational Tribunal has failed to appreciate the various grounds agitated before it and committed an error while upholding the order passed by the Disciplinary Authority.
(2.) The learned counsel for the respondent while referring the judgment and order passed by the learned Jharkhand Education Tribunal pointed out that the Tribunal has considered all the relevant aspects of the matter and it is also submitted that the Management has followed all the requisite procedures which are required to be followed under the relevant rules ie. Acharya Niyamawali 9th Edition 2005. It is further submitted that the appellant has been given reasonable opportunity to submit the explanation before the Disciplinary Authority and therefore, the arguments advanced by the learned counsel for the appellant with regard to the non-observance of the Principle of natural justice is not correct.
(3.) Considering the aforesaid rival submissions and on perusal of the judgment and order passed by the learned Jharkhand Education Tribunal it appears that the present appellant has been dismissed from service vide order dated 6.5.2006 (Annexure-4).The quantum of punishment decided by the Disciplinary Authority appears to be on higher side considering the charges levelled against him and this aspect was required to be considered by the learned Jharkhand Education Tribunal while deciding the case filed by the present appellant. Without entering into the merit of the other grounds agitated by the learned counsel for the appellant before this Court it is desirable that this matter shall be remitted back to the learned Jharkhand Education Tribunal for denovo decision after careful consideration of the facts and circumstances of the case. The appellant and respondent shall be afforded opportunity of hearing before the tribunal before passing a final order. On perusal of Acharya Niyamawali 9th Edition 2005 and more particularly in view of the 8 it appears that there is a provision of providing of inflicting the other penalty if the Disciplinary Authority reach to the conclusion that the facts of the case does not warrant dismissal/removal from service. Under aforesaid circumstances the learned Tribunal, after analyzing the order passed by the Disciplinary authority, may consider to inflict the penalty which appears to be just and proportionate to the charges levelled against the delinquent, such as compulsory retirement or any other punishment as may be deemed fit and proper to the learned Jharkhand Education Tribunal.;