The Madras High Court Bench here has set aside an order passed by a government aided private school management dismissing one of its teachers from service on charges as trivial as using a ballpoint pen despite being told to use only a fountain pen.
Justice S. Nagamuthu quashed the order passed by the management of M.M. Middle School, a minority institution, at Seithuganallur in Tuticorin district on December 24, 2007 and ordered notional reinstatement since the teacher had attained the age of superannuation on May 31, 2010.
After modifying the punishment imposed on the teacher, S. Alagesan, to just stoppage of increment for two years, the judge directed the Joint Director of Elementary Education to disburse retirement benefits by considering the period between 2007 and 2010 also as service period.
He held that the punishment of dismissal from service was “shockingly disproportionate to the trivial and vague charges,” which included insubordination to the Correspondent and Headmaster and not teaching the students properly, levelled against the petitioner.
The petitioner had initially appealed against the dismissal order before the District Elementary Education Officer. However, the DEEO refused to entertain the appeal on the ground that the State could not interfere in the affairs of an educational institution maintained by the minorities.
