Madhya Pradesh High Court Upholds Termination Of Scindia School Employee For Selling Tobacco, Cigarettes On School Premises
The Madhya Pradesh High Court has upheld the termination of a peon working with the renowned Scindia School at Gwalior, for selling tobacco cigarettes, bidi and gutka on the school premises.
The bench of Justice Anand Singh Bahrawat observed,
"The services of petitioner were terminated on account of serious charges of selling tobacco, cigarettes, bidi, gutka and other such items within the school premises. The State and Central Governments have issued directions and framed rules prohibiting the sale of such items within specified areas of school premises".
The Petitioner had contended that after 28 years of service, a charge sheet was issued to him. However, it was claimed that the list of witnesses and documents was not supplied. Thereafter, an inquiry was conducted, but he was allegedly not given an opportunity of hearing. His services were subsequently terminated.
The petitioner filed a petition before the Labour Court, which rejected his claim and upheld the dismissal. The counsel for the petitioner claimed that the petitioner was an uneducated person, and at the time of inquiry, the statements were not explained to him by any other person.
The counsel further contended that during the inquiry, the petitioner's signatures were obtained on certain papers without disclosing the content.
The counsel for the respondents contended that the entire enquiry was in accordance with the Rules of the School and the Standing Orders. Per the relevant provisions, there was no requirement to annex the copies of documents along with the charge sheet.
The counsel for the respondents further argued that the petition filed in the Labour Court was disposed of with the observation that all mentioned documents were supplied to the petitioner. It was also observed that the petitioner suppressed material facts regarding his admission of guilt.
Additionally, the counsel contended that appointing a junior and colleague advocate of the employer as Inquiry Officer was permissible under the provisions and therefore the inquiry was proper and legal.
The court, after examining the evidence, observed that the entire enquiry was conducted in accordance with the Rule and Standing Orders. Thus, considering the facts of the case, the court deemed the petition to be without merit.
The petition was thus dismissed.
Case Title: Prayagnarayan v Principal Scindia School Gwalior [WP-2148-2016]
For Petitioner: Advocate Prem Singh Pal
For Respondent: Advocate Chitra Bais