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february 2019

Supreme Court of India · 2019-02-14

MARWARI BALIKA VIDYALAYA vs ASHA SRIVASTAVA

Citation / case number
SC 2009/5788
Court
Supreme Court of India
Petitioner
MARWARI BALIKA VIDYALAYA
Respondent
ASHA SRIVASTAVA
Author
HON'BLE MR. JUSTICE ARUN MISHRA
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ARUN MISHRA

Judgment text excerpt

The Supreme Court upheld the Division Bench's decision to reinstate respondent No.1 as an Assistant Teacher, emphasizing that the school authorities failed to follow due process under the West Bengal School Service Commission Act, 1997. The Court noted that the termination was arbitrary and violated principles of natural justice, as the respondent was not given a fair opportunity to defend herself. The Court ordered the payment of back wages, reinforcing the legal principle that employment termination must adhere to established procedural safeguards.

MARWARI BALIKA VIDYALAYA vs ASHA SRIVASTAVA · Niyam