Impartiality Paramount, Adjudication Process Must Reflect Independence: Orissa High Court Quashes Termination of Hindi Teacher and Remits Matter for Fresh Adjudication

In a significant ruling, the High Court of Orissa emphasized the fundamental importance of impartiality and independence in the adjudication process. The court, led by Justice Sashikanta Mishra, addressed the issue of the alleged illegal termination of a Hindi teacher, underscoring the need for adherence to natural justice principles in such procedures.

The petitioner, Kanakalata Pradhan, a Hindi teacher at Sri Jagannath High School since 1988, faced abrupt termination from her position in 1996. The termination process lacked transparent notification and due acknowledgment, leading to a legal battle. The petitioner contended that the school management's decision violated natural justice principles, particularly the failure to provide due process in her termination.

On Natural Justice: The court scrutinized the appeal procedure under the 1983 Circular, which demands adherence to principles of natural justice. "It does not contemplate gathering of evidence by the appellate authority as it would destroy his neutrality," observed Justice Mishra.

On Independence of Adjudication: Justice Mishra cited the Supreme Court’s decision in State of UP vs. Saroj Kumar Sinha, stressing the independence of the adjudicator. "The enquiry officer is in the position of an independent adjudicator and not a representative," he noted, applying this principle to the case at hand.

On Procedural Impropriety: The court found that the Inspector of Schools collected affidavits during the appeal, which was considered improper. "Such action destroys the very sanctity of the proceeding and is a defect which goes to the very root of the matter," the judgment stated.

Decision of Judgement: The High Court allowed the writ petition, quashing the impugned order and directing the Director of Secondary Education to rehear the appeal. The rehearing is to be based strictly on existing records, excluding the Inspector's report and the affidavits. The appellate authority is instructed to conclude the matter expeditiously, within two months from the order’s communication.

Date of Decision: 18th March 2024.

Kanakalata Pradhan Vs. Director, Secondary Education, Odisha and Others,