MADHU KAPOOR Vs. BASIC SHIKSHA ADHIKARI

JUDGEMENT

(1.) BY means of this petition the petitioner has challenged the orders dated 08.02.1996 passed by the Committee of Management, respondent no. 2, terminating the service of the petitioner, dated 18.03.1997 passed by the Basic Shiksha Adhikari, Tehri Garhwal, respondent no. 1 granting approval to the termination of the petitioner and dated 11.6.1998 of the Basic Shiksha Adhikari, Tehri Garhwal rejecting the representation of the petitioner.

(2.) HEARD Sri Manoj Tiwari learned counsel for the petitioner, Sri Rakesh Thapliyal learned counsel for the respondent No.2, Committee of Management and learned Standing Counsel for respondent no. 1.

(3.) BRIEF facts of the case are that the petitioner was appointed on 29.1.1980 as Assistant Teacher in Swami Ram Tirath Vidya Mandir, Tehri Garhwal which is a recognized/aided Junior High School. The petitioner was confirmed on the post of Assistant Teacher in the year 1990. The petitioner applied for study leave for the period 15.10.1990 to 11.5.1991. After availing of the leave the petitioner submitted joining report to the Principal of the School on 13.5.1991. However, she was not permitted to join duties by the principal. Consequently, she submitted an application to the District Education Officer, Tehri Garhwal on 15.5.1991 who directed the Committee of Management/Principal for necessary action. Even after the direction of respondent no. 1 the Principal did not permit her to join and informed the District Education Officer that in view of the resolution of the Committee of management the petitioner cannot be permitted to resume duties in the school. The letter of the Principal of the institute is part of the record. The petitioner was continuously visiting the institute but she was not permitted to join. She also sent a representation to the District Education Officer seeking his intervention and to the Regional Assistant Director (Basic). She made a number of representations. However, she was not permitted to join.