|Petitioner: Unnamed||Court: Bombay High Court|
|Respondents: Headmistress, Noorul Islam Primary School & Ors.||Date of Order: 23.04.2018
Citation: Writ Petition No. 13708 of 2017
The Petitioner in this case was a teacher in a primary school. At the initiative of Respondents No. 1 and 2, the service of the Petitioner was terminated claiming that she had indulged in an extra-marital affair.
Aggrieved by this decision of the Respondents, the Petitioner approached the Education Officer and filed an Appeal before him against the said decision.
The Education Officer not only allowed the appeal but also went ahead and set aside the Order of Termination. Despite the said situation, the Respondents did not reinstate the Petitioner back to service. Thereafter the Petitioner approached the Bombay High Court.
Proceedings before the Bombay High Court
The Counsel for the Respondents stated before a two-Judge Bench of the Bombay High Court that since the provision for a second appeal against the order of the Education Officer was available before the Municipal Committee, the respondents did not deem necessary to comply by the Orders of the Education Officer.
Order of the Bombay High Court (dated 23.04.2018)
- Mere filing an Appeal, without there being any stay to the order, does not have the effect of staying the order; Hence the Respondents were asked to reinstate the petitioner to service with immediate effect;
- The salary bills of the Petitioner should be forwarded regularly to the Respondents;
- Even if the Appeal of the Respondents is allowed by the Municipal Committee, the same would not be given effect to, without the prior leave of the High Court;
Status of the Matter
The matter has been listed on 11.06.2018 for further proceedings.