SHAKTI EDUCATION TRUST Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner Shakti Education Trust, who is running a secondary school namely Shakti Vidhyalaya, Chandlodiya, Ahmedabad has prayed for an appropriate writ, direction and/or order quashing and setting aside the order passed by the District Education Officer, Ahmedabad Rural dated 8-5-1996 in not granting approval to dismiss the respondent No.3 from service.

(2.) Respondent No.3 was serving as a Teacher in the school run by the petitioner trust namely Shakti Vidhyalaya, Chandlodiya, Ahmedabad. She was charge sheeted by show cause notice dated 8-9-1995. Having not submitted any reply to the said show cause notice, Inquiry Committee was appointed on 24-9-1995 as required under section 36(1) of the Gujarat Secondary Education Act (for short ?the Act?). Inquiry Committee submitted its report on 9-1-1996 holding all the charges proved against the respondent No.3 and decided to dismiss the respondent No.3 from service, however, approached the District Education Officer, Ahmedabad Rural for its approval as required under section 36 of the Act. Though the District Education Officer concurred with the finding of the Inquiry Committee, however, taking a lenient view and by observing that one more chance be given to the respondent No.3, refused to accord the approval and rejected the proposal dated 3-2-1996 and directed to treat the period of absent as extraordinary leave. Being aggrieved by the same, the petitioner has preferred the present Special Civil Application under Article 226 of the Constitution of India.

(3.) Though served, nobody appears on behalf of respondent No.3.