Service Matters

Oral Termination to Private School Teacher

Oral Termination of Employee: Legal Validity for Private School Teachers in Rajasthan

Introduction to Oral Termination of Employee

Oral Termination of Employee refers to ending employment verbally without written orders, violating statutory protections available to private school teachers.
This practice frequently affects private school teachers when management denies work access and later alleges voluntary job abandonment.
Indian employment jurisprudence consistently treats oral termination as illegal, arbitrary, and violative of principles of natural justice.

Understanding Oral Termination of Employee in Private Schools

Meaning of Oral Termination of Employee

Oral Termination of Employee occurs when management verbally stops employment without written termination orders, disciplinary proceedings, or statutory compliance.
Such termination denies employees documentary proof, making legal remedies challenging without judicial intervention and evidentiary reconstruction through circumstances.

Common Management Tactics

Private school managements often prevent teachers from entering schools, then falsely claim abandonment to avoid lawful termination procedures.
This tactic shifts blame upon employees while bypassing mandatory inquiries, notices, approvals, and statutory safeguards under applicable education laws.
Rights of Private School Teachers Against Oral Termination

Statutory Protection Under Rajasthan Law

Private school teachers in Rajasthan enjoy statutory protection under Rajasthan Non-Government Educational Institutions Rules, 1993.
Rule 39 specifically governs termination, removal, or dismissal of employees working in recognized non-government educational institutions.
Oral Termination of Employee directly violates Rule 39 when management ignores prescribed procedures and denies opportunity of defense.

Rule 39 Explained Clearly

Temporary Employees Under Rule 39(1)

Temporary employees appointed for six months require one month notice or salary before termination by management.
Similarly, temporary teachers intending resignation must provide one month notice or deposit equivalent salary with management.
Permanent Employees Under Rule 39(2)
Permanent employees may face removal only on grounds like misconduct, inefficiency, neglect of duty, or insubordination.
Even then, management must strictly follow the multi-stage inquiry procedure mandated under Rule 39 provisions.

Mandatory Inquiry Procedure

Management must conduct preliminary inquiry before issuing chargesheet containing allegations and seeking employee explanation.
If detailed inquiry becomes necessary, a three-member committee including Director of Education nominee must be constituted.
During inquiry, employee must receive full opportunity to defend through written statements and evidence presentation.
Inquiry committee must submit findings to management committee for further consideration and proposed penalty decision.
Before removal, employee must receive inquiry report and show cause notice regarding proposed punishment.
Final termination requires approval from Director of Education before issuing removal or dismissal order.

Oral Termination of Employee on Ground of Abandonment

Abandonment Is Misconduct

Abandonment of service constitutes misconduct under service jurisprudence and cannot be presumed without inquiry.
Management cannot unilaterally declare abandonment without allowing employee opportunity to explain circumstances of absence.
Therefore, Oral Termination of Employee citing abandonment remains illegal without mandatory inquiry under governing statutes.
Judicial Interpretation in Rajasthan
Rajasthan High Court consistently holds that abandonment allegations require full-fledged inquiry before termination.
Management’s failure to conduct inquiry renders termination void, illegal, and unenforceable in eyes of law.

Landmark Judgment on Oral Termination of Teacher

Indira Gandhi Balika Niketan Case

In Indira Gandhi Balika Niketan Prabandhak Committee versus Snehlata Sharma, Rajasthan High Court clarified mandatory inquiry requirement.
Court held that even alleged unauthorized absence or alternative employment cannot justify termination without statutory inquiry.
Employee must be allowed to prove non-abandonment through reply and evidence during disciplinary proceedings.
Absence of inquiry under Section 18 invalidates management action alleging abandonment and terminating services.

Legal Principle Established

Abandonment allegations amount to misconduct, requiring inquiry, opportunity of hearing, and approval before termination.
Any Oral Termination of Employee without inquiry violates statutory rules and constitutional principles of fairness.
Remedies Available to Teachers
Teachers facing oral termination may approach education tribunal, civil courts, or writ jurisdiction for relief.
Courts may grant reinstatement, back wages, continuity of service, and other consequential benefits.
Documentary evidence, witness testimony, and surrounding circumstances help establish illegal oral termination claims.

Importance of Written Orders and Due Process

Written termination orders ensure transparency, accountability, and compliance with statutory employment protections.
Due process prevents arbitrary actions, protects institutional integrity, and balances employer-employee relationships lawfully.

Conclusion

Oral Termination of Employee in private schools remains illegal, especially when management alleges abandonment without inquiry.
Rajasthan law and judicial precedents strongly protect teachers against arbitrary oral termination practices. Any private employee or teacher is terminated without due process of law, he should take advice from good service matter experts in Jaipur. 

Frequently Asked Questions on Oral Termination of Employee

1. What is Oral Termination of Employee?

Oral Termination of Employee means ending employment verbally without written orders, inquiry, or compliance with statutory procedures.

2. Is oral termination legal in private schools?

Oral termination is illegal in private schools because statutory rules mandate written orders and disciplinary procedures.

3. Can management claim abandonment without inquiry?

Management cannot claim abandonment without conducting inquiry and giving employee opportunity to explain absence.

4. Which law governs private school termination in Rajasthan?

Rajasthan Non-Government Educational Institutions Rules, 1993 govern termination of private school teachers.

5. What does Rule 39 provide?

Rule 39 prescribes mandatory procedure for termination, removal, or dismissal of private school employees.

6. Is inquiry compulsory for permanent teachers?

Inquiry is compulsory for permanent teachers before removal on misconduct or abandonment allegations.

7. Can a teacher be stopped from working verbally?

Stopping a teacher verbally from working amounts to illegal oral termination under service law.

8. What if management denies entry to school?

Denial of entry followed by abandonment allegation constitutes illegal termination without due process.

9. What relief can courts grant?

Courts may grant reinstatement, back wages, continuity of service, and consequential benefits.

10. Is abandonment considered misconduct?

Abandonment constitutes misconduct requiring disciplinary inquiry before imposing termination penalty.

11. What did Rajasthan High Court hold?

Rajasthan High Court held inquiry mandatory even when management alleges unauthorized absence or abandonment.

12. Can approval of Director of Education be bypassed?

Approval of Director of Education cannot be bypassed for valid termination under Rule 39.

13. Is oral termination violation of natural justice?

Oral termination violates principles of natural justice by denying hearing and defense opportunity.

14. Can temporary teachers be terminated orally?

Temporary teachers also require notice or salary, making oral termination illegal.

15. How can teachers prove oral termination?

Teachers may rely on circumstances, witness testimony, correspondence, and conduct to prove oral termination.