SAROJ DUBEY Vs. GOVT. OF C.G.

JUDGEMENT

(1.) THE petitioner who was working as Principal of Govt. Gajanand College, Bhatapara has preferred this writ petition under Article 226 of the Constitution of India questioning her transfer order No. F1/56/HE/2002 dated 17-9-2002 passed by the Respondent No. 1 and also the Order No. 93/968/ VIP/HE/2001 dated 8-1-2002 passed by the Respondent No. 1 and for quashing the show cause notice dated 18-4-2002.

(2.) THE brief facts leading to filing of this writ petition are that the petitioner was working as Principal of Govt. Gajanand College, Bhatapara since 21st October, 1997. Her case is that the respondent No. 5 namely, Harish Mishra was a regular student in the College; he assaulted and spit on the face of one P.C. Chandrawanshi, Sports Officer on 25-9-2001. That Sports Officer made a report about the incident, which is Annexure P/1. The petitioner on the same day wrote a letter to the father/guardian of the respondent No. 5 complaining about the conduct of the respondent No. 5 and also requested to attend the meeting of the members of the Staff Council called on 26-9-2001 vide Annexure P/2. The petitioner also made a report to the Station House Officer, P.S. Bhatapara on the same day about the incident, and requested for registration of a case against Sonu Sharma, Sunil Sharma and the respondent 1 No. 5. Copy of the letter to the police is filed as Annexure P/3.

(3.) ONE Dr. Ram Kumar Behar, Principal of Govt. Sanskrit College, Raipur was appointed as Enquiry Officer by the Respondent No. 1 and 2 to enquire into the matter, although no formal communication was sent to the petitioner by the respondents. The aforesaid Enquiry Officer informed about his arrival on telephone and the said Sports Officer submitted his written report to the Enquiry Officer on 13-10-2001 (Annexure P/5). Prior to that the President of the Jan Bhagidari Samiti of the college sent a letter dt. 27-9-2001 (Annexure P/6) to the petitioner in which the President condemned the behaviour of the Respondent No.5. Since the college is affiliated to the Ravishankar University, Raipur, which has been created under the M.P. Universities Act, 1973 and Section 37 authorizes the University to frame statutes, ordinances etc. accordingly the ordinance No.7 has been made by the said University which is annexed as Annexure P/7. The petitioner after careful and well considered deliberation over the matter ordered the expulsion of the Respondent No.5 from the College, which became effective.