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.