Bombay HC Directs School To Reinstate Teacher Terminated For Having Extra-Marital Affair [Read Order]

The Bombay High Court has directed a school in eastern Mumbai to reinstate a teacher who had been terminated from the job over an alleged extra-marital affair.

A bench of Justice Bharati H Dangre and Justice BR Gavai directed that the teacher be reinstated forthwith while noting that the facts of the care were peculiar.

In the instant case, the teacher of a primary school was terminated from service on the ground that she had an extra-marital affair.

Aggrieved, the teacher preferred an appeal before the Education Officer who allowed the same on July 12, 2016 while setting aside the order of termination.

Since the teacher was not reinstated in service, she moved the high court.

The counsel for the headmistress of the school told the high court that since the second appeal is provided against the order of the Education Officer to the Municipal Committee, and the same having been filed, the school did not find it necessary to comply with the order passed by the Education Officer.

To this, the high court said, “Mere filing an Appeal, without there being any stay to the order, does not have the effect of staying the order. When an order passed by the Competent Authority is holding field, the Respondent Nos.1 (head mistress) and 2 were bound to follow the same”.

The school then undertook to reinstate the teacher forthwith.

The court asked the teacher to report to the school after which she shall be reinstated forthwith.

“Needless to state that salary bills of the Petitioner regularly be forwarded to the Respondent’s authority,” it said in the order.

The court would consider the issue of payment of suspension allowance during the period of enquiry at the stage of final hearing.

It also made it clear that in case the appeal filed by the school before the municipal committee is allowed, the same will not be given effect to without prior leave of the high court.

The matter is now listed on June 11.