IN THE SUPREME COURT OF INDIA
[SCR Order XXI Rule 3(1)(a)]
CIVIL APPELLATE JURISDICTION
(Under Article 136 of the Constitution of India)
SPECIAL LEAVE PETITION (CIVIL) No._______OF 2016
(WITH PRAYER FOR INTERIM RELIEF)
(Against the judgment and final order dated
02.06.2016 passed by the Guwahati High Court at
Guwahati in W.A No. 270 of 2014)
IN THE MATTER OF:-
The Secretary, PETITIONER
Ramkrishna Mission
School and Anr.
VERSUS
Satyabrata Chakraborty RESPONDENT
PAPER BOOK
(FOR INDEX KINDLY SEE INSIDE)
I.A. No. _____/2016 Application for
condonation of delay in
filing SLP
I.A. No. _____/2016 Application for
condonation of delay in
refiling SLP after
rectification of defects
ADVOCATE FOR THE PETITIONER:
(Mr. Harsh Parashar)
I N D E X
[Link]. PARTICULARS PAGES
1. Office report on limitation A
2. Listing Proforma A1-A2
3. Synopsis and List of Dates B-
4. Impugned judgment and final 1-12
order dated 02.06.2016 passed by
the Guwahati High Court at
Guwahati in W.A No. 270 of 2014
5. Special Leave Petition with 13-24
Affidavit
6. Appendix
NIL
7. ANNEXURE P1
Copy of the letter issued by
the Petitioner No. 1 dated
19.05.2003
8. ANNEXURE P2
Copy of the show cause notice
dated 21.05.2003
9. ANNEXURE P3
Copy of the resolution dated
24.05.2003
10. ANNEXURE P4
Copy of the order passed by
the Petitioner No. 1 dated
31.05.2003
11. ANNEXURE P5
Copy of the order of a Single
Judge of Guwahati High Court,
Itanagar Bench in Writ Petition
No. 181(AP)/2003 dated
02.09.2005
12. ANNEXURE P6
Copy of the order of the
Guwahati High Court at
Guwahati in W.A. No.
23(AP)/2005 dated 05.02.2008
13. ANNEXURE P7
Copy of the order dated
04.12.2009, passed by the
Honble Guwahati High Court
at Guwahati in Review Petition
No. 24(AP)/2008
14. ANNEXURE P8
Copy of the appeal dated
02.01.2010 filed by the
Respondent
15. ANNEXURE P9
Copy of the order of the
Managing Committee dated
05.03.2010
16. ANNEXURE P10
Copy of the Order of the
Honble High Gauhati High
Court, Itanagar Permanent
bench, Naharlagun dated
27.09.2013 in WP(c) No. 28
(AP)/2011
17. ANNEXURE P11
Copy of the Writ Appeal No.
270/2014 filed by the
Petitioners herein on
11.02.2015
18. I.A. No. __/2016
Application for condonation of
delay in filing of SLP
19. I.A. No. __/2016
Application for condonation of
delay in refiling of SLP after
rectification of defects
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO. ____ OF 2016
IN THE MATTER OF:-
The Secretary, PETITIONER
Ramkrishna Mission
School and Anr.
VERSUS
Satyabrata Chakraborty RESPONDENT
OFFICE REPORT ON LIMITATION
1. The Petition is / are within time.
2. The Petition is barred by time and there is
delay of ____ day in filing the same against
order dated 02.06.2016 and petition for
condonation of ____ days delay has been
filed.
3. There is delay of ____ days on refilling the
petition and petition for condonation of
____days delay in refilling has been filed.
BRANCH OFFICER
NEW DELHI
DATED:22.08.2016
PROFORMA FOR FIRST LISTING
SECTION XIV
The case pertains to:
Central Act: (Title) N.A.
Section: N.A.
Central Rule: (Title): N.A.
Rule No(s): N.A
State Act: (Title): N.A.
Section: N.A
State Rule: (Title): NA
Rule No(s): NA
Impugned Interim Order:(Date) NA
Impugned Final Order/Decree: 02.06.2016
(Date)
High Court: (Name): Guwahati High Court at Guwahati
Names of Judges: Honble Chief Justice [Link]
Singh
Honble Mr. Justice Suman
Shyam
Tribunal/Authority: (Name) NA
1. Nature of Matter: Civil Criminal
2. (a) Petitioner/appellant No.: The Secretary, Ramakrishna
Mission School
(b) e-mail ID: NA
Mobile Phone Number: NA
3. (a) Respondent no.1: Satyabrata Chakraborty
(b) e-mail ID: NA
Mobile Phone Number: NA
4. (a) Main Category classification: 06
(b) Sub Classification: 0603
5. Not to be listed before: NA
6. Similar/Pending matter: NA
7. Criminal Matters:
a)Whether accused/convict has No
surrendered:
b) FIR NO. NA
Police Station: NA
(d)Sentence Awarded: NA
(e)Sentence Undergone: NA
8. Land Acquisition Matters:
(a)Date of Section 4 NA
Notification:
(b)Date of Section 6 NA
Notification:
Date of Section 17 NA
Notification:
9. Tax Matters: State the tax NA
effect:
10. Special Category (First Senior citizen>65 years
petitioner/ appellant only)
SC/ST
Women/Child
Disabled
Legal Aid Case
In custody
11. Vehicle Number (in case of NA
Motor Accident Claim matters):
12. Decided cases with Citation: NA
FILED BY
FILED ON. .09.2016 AOR for Petitioner/Appellants
(Harsh Parashar)
SYNOPSIS
The instant case is brought before this court
challenging the final order of the Division Bench
of the Guwahati High Court wherein a private
school has been treated on par with other
authority as described under Article 12 of the
Constitution. The Petitioner is an institution of
great repute dedicated to the philosophy of Sri
Ramachandra Paramahansa and is running for
several years in a remote place in Arunachal
Pradesh.
The Petitioners are aggrieved by the impugned
judgment of the High Court as the Honble High
Court without considering the nature and
character of the institution, i.e., Ramakrishna
Mission School, which is a Charitable Non-
Commercial Organization. Though the High Court
did not consider the question of the nature of
the body, the High Court held it to be other
authority under Article 12 of the Constitution,
contrary to the decisions of this Honble Court
Pradeep Kumar Biswas v. Indian Institute of
Chemical Biology (2002) 5 SCC 111 and Satimbla
Sharma v. St Pauls Senior Secondary School, (2011)
13 SCC 760 and Sushmita Basu v. Ballygunge Siksha
Samity, (2006) 7 SCC 680.
Since the question involved is of far reaching
consequences for the Petitioner and is likely to arise in
the future and also as the impugned decision of the
High Court is contrary to law declared by this Honble
Court, Petitioner is constrained to challenge the same
before this Honble Court.
Further, the Honble Guwahati High Court also
erred in holding that the order in the appeal
relates back to the original order of demotion
and that therefore the Petitioner is entitled to
back wages, whereas as held by the Apex Court
in several cases including, Inderchand Jain v.
Motilal, (2009) 14 SCC 663 it has been held that the
where the order expressly says so, the order in appeal
would not relate back to the date of the order appealed
from. Accordingly where the order of the Managing
Committee is on humanitarian grounds and the original
order was not set aside on merits, and where the order of
the Managing Committee expressly states that the
Respondent herein shall not be entitled to claim back
wages, it is submitted that the Honble Court could not have
allowed the past wages to be paid.
The present Special Leave Petition are being
filed by the Petitioners challenging the judgment
and final order dated 02.06.2016 passed by the
Guwahati High Court at Guwahati in W.A No. 270 of
2014.
11.06.1983 The Respondent joined Ramkrishna
Mission School as a Matric Teacher.
04.11.1985 The Respondent was promoted to
Junior Teacher at Ramkrishna
Mission School.
01.03.1987 The Respondent herein was
promoted to the post of assistant
teacher.
15.05.2003 The Petitioner No. 1 issued a
notice to call a meeting on
17.05.2003 of all teaching staff.
The Respondent No. 1 herein, who
was serving as a junior teacher at
the time, instead of merely
acknowledging receipt of the said
circular notice, made unwarranted
and irrelevant comment of no
agenda on the signature sheet
appended to the notice, thereby
defacing the said notice and
causing a doubt in the minds of
the other noticees regarding the
purpose behind the meeting.
19.05.2003 Recognizing the mischief created
by the Respondent, Petitioner No.1
being responsible for the smooth
conduct of the affairs of the
school, in exercise of his discretion
under the service rules of the
school, issued a letter to the
Respondent directing him to
explain his conduct by 20.05.2003.
Copy of the letter issued by the
Petitioner No. 1 dated 19.05.2003
is produced herewith as
ANNEXURE P1 (Pages )
20.05.2003 The Respondent herein responded
to the letter of the Petitioner No.
1, stating that since there was no
agenda for the meeting, therefore
the same was insignificant and
carried no meaning and thus his
comment was warranted.. It is
pertinent to note that there is no
requirement that the agenda for
the meeting be circulated with a
notice for a routine meeting.
Further it is pertinent to note that
stray instances of wanton
indiscipline will lead to a fall in the
way an institution such as the
Petitioner School conducts its
affairs. As such the comment of
the Respondent was liable to cause
confusion as among the other
addressees as to whether the
meeting was without purpose.
21.05.2003 The Petitioner No. 1 herein issued
a show cause notice, stating that
the reply of the Respondent dated
20.05.2003 amounted to
misconduct under Clauses 31(a),
31 (c), and 31 (p) of the
Ramakrishna Mission Along,
Service Rules, and the Respondent
was directed to appear before the
Enquiry Officer on 23.05.2003. The
Respondent was further informed
that the Petitioner No. 1 would
hold the enquiry under Rule 33(vi)
of the Service Rules. Copy of the
show cause notice dated
21.05.2003 is produced as
ANNEXURE P2 (Pages )
22.05.2003 The Respondent gave a reply to
the said show cause notice dated
21.05.2003 and denied allegation
of misconduct. On the same date
the Petitioner No.1 herein gave a
second show cause notice stating
that the charges of misconduct
levelled against the Respondent
was confirmed and further
direction were given to the
Respondent to explain his conduct
before the Enquiry Officer on
23.05.2003.
24.05.2003 The meeting of the Petitioner No.
2 was held. In the said meeting,
resolution No. 8 was passed
recording the allegations against
the Petitioner and authorizing
Petitioner No. 1 herein to award a
suitable punishment to the
Respondent commensurate with
the gravity of the offence in view
of the misconduct of the
Respondent. Copy of the resolution
dated 24.05.2003 is produced
herewith as ANNEXURE P3
(Pages )
31.05.2003 The disciplinary authority, i.e. ,
Petitioner No. 1 herein was passed
an order demoting the Respondent
from the post of Junior Teacher to
the post of Assistant Teacher in
exercise of powers under Rule
33(v) of Ramkrishna Mission
School, Aalo, Service Rules. Copy
of the order passed by the
Petitioner No. 1 dated 31.05.2003
is produced as ANNEXURE P4
(Pages )
02.09.2005 The order of the Petitioner No. 1
came to be challenged by the
Respondent, in Writ Petition No.
181(AP)/2003 before the Guwahati
High Court, Itanagar Bench. The
said Writ Petition came to be
dismissed vide order dated
02.09.2005. Copy of the order of a
Single Judge of Guwahati High
Court, Itanagar Bench in Writ
Petition No. 181(AP)/2003 dated
02.09.2005 is produced as
ANNEXURE P5 (Pages )
05.02.2008 The Respondent herein challenged
the order of the Single Judge, by
way of Writ Appeal which came to
be numbered as [Link].23
(AP)/2005 . The said Writ Appeal
was disposed of vide order of the
Division Bench of the Guwahati
High Court at Guwahati vide order
dated 05.02.2008 dismissing the
appeal by directing that the
Respondent herein shall prefer an
appeal before the Managing
Committee as contemplated under
Clause 37 of the Service Rules and
the Managing Committee shall
consider the same in accordance
with law. Copy of the order of the
Guwahati High Court at Guwahati
in W.A. No. 23(AP)/2005 dated
05.02.2008 is produced herewith
as ANNEXURE P6 (Pages )
04.12.2009 The Respondent herein challenged
the above order by way of Review
Petition No. 24(AP)/2008 seeking
modification of the order directing
him to file an appeal under the
Service Rules. The Honble
Guwahati High Court was pleased
to dispose of the matter with the
direction that the appellate
authority, i.e., Petitioner No. 2
herein shall consider the appeal of
the participation of Petitioner
No.1, if he is still continuing as
Principal-Secretary of the School.
Copy of the order dated
04.12.2009, passed by the Honble
Guwahati High Court at Guwahati
in Review Petition No. 24(AP)/2008
is produced herewith as
ANNEXURE P7 (Pages )
05.03.2010 The Respondent accordingly filed
an appeal under Rule 34 of the
Service Rules. At Paragraph 14 of
the appeal, the Respondent clearly
apologised for his behaviour,
stating that he would like to
express his regret if inadvertently
by any act of his has caused hurt
and pain to his superior authority.
While offering his apologies for
any such conduct of his, appellant
would like to state that he is
committed to work for the interest
of the institution and he never
intended to cause hurt and
anguish to his superior authority.
And also sought forgiveness It is
urged that your honour may be
magnanimous in forgiving any
such act of the appellant which
was committed inadvertently by
him and might have caused
anguish and hurt to his superior
authority. Taking into account the
said apology, on humanitarian
consideration, the Petitioner No. 2
herein promoted the Respondent
freshly to the post of Junior
Teacher with effect from
01.04.2010 on the condition that
he will maintain the sanctity of the
school and that Respondent shall
not stake any claim for the period
that he remained under demotion.
Copy of the appeal dated
02.01.2010 filed by the
Respondent is produced herewith
as ANNEXURE P8 (Pages ).
Copy of the order of the Managing
Committee dated 05.03.2010 is
produced herewith as ANNEXURE
P9 (Pages )
27.09.2013 The Respondent herein challenged
the order dated 31.05.2003 passed
by the Petitioner No. 1 and the
order dated 05.03.2010 passed by
the Petitioner No. 2 by filing a writ
petition before the Honble Gauhati
High Court, Itanagar Permanent
bench, Naharlagun being WP(c)
No. 28 (AP)/2011. The Honble
Single Judge of the Gauhati High
Court allowed the said petition
holding that the Respondent herein
was entitled to full back wages for
the period in question treating the
same to be on duty in the post of
Junior Teacher and that
consequently the Petitioners
herein shall pay the Respondent
herein, difference of pay and
allowances for the period in
question coupled with
consequential seniority and
retirement benefits etc. Copy of
the Order of the Honble High
Gauhati High Court, Itanagar
Permanent bench, Naharlagun
dated 27.09.2013 in WP(c) No. 28
(AP)/2011 is produced herewith as
ANNEXURE P10 (Pages ).
It is submitted that the
Ramakrishna Mission School is a
private unaided school and the
total government grants constitute
only a small portion of the total
receipts of the school.
11.02.2015 Aggrieved by the said order, the
Petitioners herein were
constrained to file a Writ Appeal
before the Guwahati High Court at
Guwahati which came to be
numbered as WA No. 270/2014.
Copy of the Writ Appeal No.
270/2014 filed by the Petitioners
herein on 11.02.2015 is produced
as ANNEXURE P11
(Pages ).
02.06.2016 W.A No. 270 of 2014 before the
Guwahati High Court at Guwahati filed
by the Petitioner herein came to
be dismissed vide judgment and final
order dated 02.06.2016 (IMPUGNED
JUDGMENT).
28.08.2016 Hence the Special Leave Petition.
