Reinstate teacher terminated over ‘extra marital affair’, Bombay HC tells school

Bombay High Court

The Bombay High Court last week directed a school to reinstate a teacher who was terminated for ‘having extra marital affair’. The petition filed by the 35-year-old teacher of a BMC-run school at Govandi, through advocate Swaraj Jadhav, stated that the school terminated her service on the grounds that she “has some extra martial affair”.

The teacher appealed before the BMC Education Officer, who allowed her appeal and set aside the termination order on July 12, 2016. Jadhav said: The petitioner was abruptly asked not to attended the school. The school, after receiving the report from its committee, terminated her service by saying that she is “living adulterous life”. Also, pamphlets were distributed in the vicinity of the school the content of which was allegedly in tune with an FIR filed by the teacher’s husband, in which, he had alleged that she had been leading an “adulterous life”.

The teacher said that since the school did not comply with the Education Officer’s order and refused to reinstate her, she had to move the High Court.

The lawyer, appearing for the school, said: Since they had appealed against the order of the Education Officer before the municipal commissioner, they did not find it necessary to comply with the Education Officer’s order. A division bench of Justice B R Gavai and Justice Bharati H Dangre said: “Mere filing an appeal, without there being any stay to the order, does not have the effect of staying the order. When an order passed by the Competent Authority is holding field, the respondents were bound to follow the same.”

On the observation of the court, the school made a statement that they will reinstate the teacher. The bench further asked teacher to report to the school and after that the school shall reinstate her.