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september 2012

Supreme Court of India · 2012-09-14

BHARTIYA SEVA SAMAJ TRUST TR.PRES. vs YOGESHBHAI AMBALAL PATEL

Citation / case number
SC 2012/28530
Court
Supreme Court of India
Petitioner
BHARTIYA SEVA SAMAJ TRUST TR.PRES.
Respondent
YOGESHBHAI AMBALAL PATEL
Author
B.S. CHAUHAN
Bench
FAKKIR MOHAMED IBRAHIM KALIFULLA B.S. CHAUHAN

Judgment text excerpt

The Supreme Court upheld the decision of the Gujarat Primary Education Tribunal, which ordered the reinstatement of the respondent teacher, finding that the termination of his services by the appellant Trust violated Section 40B of the Bombay Primary Education (Gujarat Amendment) Act, 1986. The Court emphasized that proper procedure, including serving a show cause notice and obtaining approval from statutory authorities, was not followed in the termination process. Consequently, the appeal by the Trust was dismissed, affirming the Tribunal's ruling on reinstatement and back wages.

BHARTIYA SEVA SAMAJ TRUST TR.PRES. vs YOGESHBHAI AMBALAL PATEL · Niyam