Full Judgment Text
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NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 11338 OF 2018
[@ SPECIAL LEAVE PETITION (C) NO. 11625 OF 2018]
R.U. PATEL - ASSISTANT TEACHER Appellant (s)
VERSUS
COMMISSIONER (SCHOOLS) GUJARAT STATE & ORS. Respondent(s)
J U D G M E N T
KURIAN, J.
1. Leave granted.
2. It is a case where pursuant to the
disciplinary proceedings initiated against the
appellant teacher, he was terminated from
service. At one stage, the respondent –
Management had taken a resolution that the
appellant could be reinstated subject to the
condition that he would forego backwages and that
the punishment of reduction of two increments
will be imposed on him.
3. It appears that on account of a
Signature Not Verified
Digitally signed by
JAYANT KUMAR ARORA
Date: 2019.01.19
10:36:49 IST
Reason:
miscommunication, the settlement did not work
out. The Management, thereafter, terminated the
services of the appellant. The High Court upheld
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the termination.
4. When the matter reached this Court, we found
that there was a proposal by the Management that
in case the appellant was willing to tender an
unconditional apology, forego backwages and serve
the punishment of reduction of two increments,
the Management was prepared to reconsider its
stand and take him back in service.
5. Having heard the learned counsel appearing
for the appellant and the learned counsel
appearing for the Management, we are of the view
that it is in the interest of the parties that
the disputes are finally settled in the spirit of
the original proposal for settlement.
Accordingly, this appeal is disposed of as
follows :-
i) The appellant will tender an unqualified and
unconditional apology, in writing, to the
Management within two weeks from today.
ii) On receipt of such an apology, the Management
will reconsider its stand of termination of his
services and pass order for reinstatement of the
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appellant in service subject to the further
condition that the appellant shall not be
entitled for any backwages from the date of
suspension till the date of reinstatement.
iii) The Management is also free to impose
punishment of barring of two increments without
cumulative effect.
iv) Needless to say that on such reinstatement,
the services shall be treated as continuous for
all other purposes.
No costs.
.......................J.
[ KURIAN JOSEPH ]
.......................J.
[ HEMANT GUPTA ]
New Delhi;
November 26, 2018.