Authority: Supreme Court of India, Civil Appellate Jurisdiction; Bench of Hon'ble Mr. Justice M.M. Sundresh and Hon'ble Mr. Justice Prasanna B. Varale
Order Date: 24 September 2026
Case Overview
- Parties: Appellant – Late Motiram Naik Shikshan Sanstha Vithala & Anr.; Respondents – Education Officer (Secondary) and others, including respondent No.3.
- Origin: Special Leave Petition (C) No. 4079/2026 arising from the impugned final judgment and order dated 18‑11‑2025 in WP No. 6418/2019 of the High Court of Judicature at Bombay at Nagpur.
- Background: A departmental inquiry had framed charges against respondent No.3, resulting in his removal from service. The Tribunal, and subsequently the High Court, held that the principles of natural justice were not followed because material witnesses were not examined, rendering the charge unsubstantiated.
- Court’s Reasoning: The Court emphasized that non‑observance of natural justice vitiates the proceedings and may cause prejudice. It reiterated that in a departmental inquiry the department must substantiate the charge, and failure to examine witnesses cannot amount to a clean‑chit for the respondent.
Final Outcome
- The impugned order removing respondent No.3 is set aside.
- Respondent No.3 is reinstated to his position.
- The appellant is granted liberty to initiate a fresh departmental inquiry, with all issues left open for consideration.
- The appeal, along with any pending applications, is disposed of as per the signed order dated 24‑09‑2026.
Topics: Legal; Education Service; Natural Justice