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Salil Patel   21 September 2025

Illegal termination

The notice, dated September 16, 2025, informs Mr. Patel that his services are terminated effective September 18, 2025, following a directive from the Chairman on September 15, 2025.

The reason stated for the termination is that his performance and conduct did not meet the school's expectations.

The letter is signed by the Principal of Mukularanyam English School.



 7 Replies

Vishesh K Sapra (Advocate Supreme Court (888-215-3399))     22 September 2025

Hi, Mr Patel, 

The termination of this person is not fair in the eyes of law. The letter gives him only two days’ notice and says his work and conduct did not meet expectations, but it does not explain what exactly went wrong. Before ending someone’s job, the school should have given him a clear explanation, a chance to respond, and, if there were complaints of misconduct, a proper enquiry. None of this has been done, which makes the action arbitrary.

If Mr. Patel comes under labour law protection, removing him like this counts as retrenchment and the law requires proper notice, compensation, and fair procedure. Since that was not followed, the termination can be struck down. Even if he is not covered by labour law, courts have said schools cannot dismiss teachers or staff in such an unfair and sudden manner. Ignoring the terms of his appointment letter or service rules also makes the action unlawful.

In simple terms, the school’s decision is both unfair and unlawful. Mr. Patel has strong grounds to challenge it and ask for reinstatement or compensation through the labour office, civil court, education tribunal, or even the High Court if the school is publicly funded or regulated.

To start with, I can help you draft a legal notice / representation to school and authorities, feel free to reach out to me on adv.vishesh@icloud.com

P. Venu (Advocate)     22 September 2025

Yes, termination without following the due process is sustainable in law. Any suggestion as to remedy depends upon the law/system  under which school is functioning/registered as well the nature/status of your employment.

1 Like

Salil Patel   22 September 2025

Appointment letter is not given by school.

Only I have salary sheet, EPF , ESIC, ICard, Letter head reliving letter,

P. Venu (Advocate)     22 September 2025

lack of appointment letter does not make any difference.

T. Kalaiselvan, Advocate (Advocate)     23 September 2025

The termination notice is dated 16 September 2025 and makes termination effective 18 September 2025 — i.e., only 2 days’ notice.
Unless Mr. Patel was on probation or his contract specifically allowed for immediate or very short notice termination, most employment laws (including under Indian labor law, if this is in India) require either:
One month’s notice (for regular employees), or
Salary in lieu of notice.
Without this, the termination may be procedurally defective.
The reason stated is that “performance and conduct did not meet the school’s expectations.”
This is vague and non-specific. For termination on grounds of misconduct or poor performance:
The school is generally required to issue warning letters, conduct performance reviews, or initiate domestic inquiry (for misconduct).
Direct termination without recording/documenting prior issues may not hold up if challenged legally.
If the Principal is not the appointing authority, then the termination may be invalid unless properly ratified by the competent authority (Chairman/Management/School Society).
If Mr. Patel is a confirmed employee, termination without proper inquiry, notice pay, or approval (if required under education rules) is likely illegal and challengeable.

You can consut a local advocate and first issue a legal notice demanding reinstatement and after that you can escalate through legal forum if it is not solved.

Dr. J C Vashista (Advocate )     23 September 2025

What type of appointment is that, such as permanent, temparary, ad-hoc etc.,

Whether the teacher is on probation  or contract ?

Principal is not the appointing authority.

Performance and conduct are two different subjects, which cannot be clubbed in  a disciplinary cas.

Whether the ICC has completed inquiry within a short span of 2 days and that too without a notice to deliquent official ?

However, as per the facts posted termination / dismissal is arbitrary, invalid and illegal.

 Whatsoevver, most of the fact are unbelievable and prmia facie fabricated.

Sudhir Kumar, Advocate (Advocate)     23 September 2025

Relevant facts have not beenstated.

 

what were the terms of appointment.

whether there was really lackof performance

 


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