CAT strikes down termination order of PGT teacher
The Central Administrative Tribunal has struck down the termination order given to a post graduate teacher by the Delhi Education Department, terming it as “cryptic and non-speaking”.
While directing the secretary, Education Department of Delhi, to consider the whole issue afresh, the Tribunal declined to confer any financial benefit to the teacher.
“Evidently, the termination order being cryptic and non-speaking is not in accordance with the stipulations of the basic scheme of re-employment. On this ground alone, we do not find the order in the present form as sustainable in law and strike it down as ultra-vires,” the Tribunal, comprising members Veena Chhotray and Shanker Raju, said.
Vijaya Kumar Mudgal, who was re-employed for a further period of two years after his superannuation in 2007, approached the Tribunal challenging the termination of his services with retrospective effect.
In 2009, the department passed the order terminating his services with a retrospective effect from July 2008.
While the department claimed that the termination was necessary as Mudgal went on leave for eight months without proper sanction and authorisation, the petitioner said he was “medically unfit” during the said period.
On perusing the documents, the Tribunal sent the matter back to the department for reconsideration.
“We are of the considered view that it would meet the ends of justice by remitting the matter back to respondents for reconsideration of the entire case at the senior-most level that is The Secretary, Department of Education for taking a fair and dispassionate view,” it said.