04 November 2011 Education >> Miscellaneous   |   Disciplinary Proceedings >> Workplace/ Professional Related  

A writ petition filed by the Managing Committee of Town Higher Secondary School, Monghyr challenging the order of the President, Board of Secondary Education (CBSE) reinstating Yogeshwar Prasad Singh, an assistant teacher.

Background:

The teacher, Yogeshwar Prasad Singh, was discharged by the School Committee for misconduct. Singh appealed to the CBSE which ordered his reinstatement. The School Committee argued that Singh wasn't given a proper opportunity to defend himself because he only received one show cause notice. The Court ruled that a second show cause notice was not mandatory and upheld the CBSE's order. The Court also rejected the argument that the CBSE order was not valid because the Director of Public Instruction lacked jurisdiction.

Conclusion:

The Court applied the decision from Lakshman Shastri v. State of Bihar which held that a second show cause notice is not required in such cases. The Court interpreted the relevant rule (Rule 12) and a clarification issued by the Director of Public Instruction and concluded that neither mandated a second notice. The Court found the CBSE order to be a speaking order as it referenced the report from the Regional Deputy Director which contained reasons for Singh's reinstatement. With regards to the jurisdiction of the Director of Public Instruction, the Court considered various government notifications and concluded he had the authority to pass the order. The Court dismissed the petition and upheld the CBSE's order reinstating Yogeshwar Prasad Singh.