In Brief
An employee of a private school in Rajasthan was terminated following a departmental enquiry for misconduct. The employer argued that prior approval from the Director of Education was not needed because disciplinary proceedings had been conducted. The Supreme Court held that Section 18 of the Rajasthan Non-Governmental Educational Institutions Act, 1989 mandates prior Director approval for all terminations, whether following enquiry or not. The Court rejected the High Court's refusal to follow the binding precedent in Raj Kumar v. Director of Education, noting that the High Court's claim that Raj Kumar ignored an earlier decision was factually wrong. The Court restored the Tribunal's order setting aside the termination and directed reinstatement with 50% back wages.
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