New Delhi: The Central Administrative
Tribunal has upheld the dismissal of a woman teacher of an
MCD-run primary school, following her conviction in a dowry
death case in her family.
The CAT`s bench of Justice M L Chauhan and member Dr
Veena Chhotray upheld the dismissal of school teacher
Durgawati Sharma saying it need not interfere with the
decision of her employer-- Municipal Corporation of Delhi-- to
dismiss her.
"It is well settled that once a charge against the
delinquent is established, quantum of punishment is for the
employer to decide and the court ordinarily would not
interfere with the order of quantum of punishment once the
court comes to the conclusion that there has been no infirmity
with the procedure," the CAT said, upholding her dismissal.
The CAT`s order came on an appeal by Durgawati against
her dismissal after she was convicted by the trial court for
her involvement in a dowry death case in the family.
Soon after the registration of the criminal case
against her, she was arrested by the police. This led the
school authorities to initially suspend her from service. She
was eventually dismissed after her conviction by the court.
Following her dismissal, Durgawati moved the tribunal
contending that her appeal against her conviction was pending
with the Delhi High Court and so she must not be dismissed as
yet.
But the CAT dismissed her appeal saying that the MCD
order to dismiss her was valid.
"The impugned order of dismissal from service has
been passed in terms of the aforesaid procedure after giving
show cause notice to the applicant. As such, it cannot be said
that the action of the respondents in awarding the punishment
is without authority of law," the tribunal noted.
PTI
