COMMITTEE OF MANAGEMENT, LAL BAHADUR SHASTRI BALIKA INTER COLLEGE, MUGALSARAI, VARANASI AND ANOTHER Vs. JOINT DIRECTOR EDUCATION (WOMEN) EDUCATION DIRECTORATE, U.P. ALLAHABAD AND OTHERS

JUDGEMENT

(1.) The present writ petition has been filed by Committee of Management of an Inter Girls College and its Manager Sri Vikram Singh challenging the order of the Joint Director of Education (Women) dated 26-10-1981 and of the Regional Inspectress of Girls School dated 5th June, 1979.

(2.) According to the petitioner the opposite-party no. 3 Shrimati Kusum Dhawan wars working as Principal in the later College and on 13th Feb., 1978 she was suspended pending enquiry by the Managing Committee of the College. The Managing Committee also appointed an Enquiry Committee of which Vikram Singh was made the Chairman. The Enquiry Committee was , also authorised to serve a charge-sheet on her The Enquiry Committee held its meeting on 5-4-1979 but opposite-party no. 3 according to the petitioners, deliberately preferred to remain absent and the Enquiry Committee, therefore, had no option but to give its recommendation dated 5th April, 1979 on the basis of the facts found by it and submitted the same to the Committee of Management. On receipt of the report the Committee of Management held a meeting on 18th April, 1979 bus the opposite-party no. 3 despite notice did not appear before the Enquiry Committee and the Committee of Management after considering the report agreed with the Enquiry Committee that the charge against opposite-party no. 3 were focnd proved and passed a resolution imposing punishment of terminating her services. The aforesaid resolution of the Committee of Management was sent to the Regional Inspectress of Girls Schools Varanasi as required by Sec. 16-G (J) (a) of the U.P. Intermediate Education Act (hereinafter described as the Act). On 5th June, 1979 the Regional Inspectress of Girls Schools refused to grant approval. Aggrieved by the aforesaid order, the Management preferred an appeal before the opposite-party no. I which was allowed on 31st July, 1979. The opposite-party no. 3 filed a writ petition (Writ Petition no. 6147 of 1979) in this Court and the writ Petition was allowed on 5-9-1979. The opposite-party no. 1 in pursuance of the judgment of the High Court in the writ petition again heard the matter and dismissed the appeal filed by the Management on 26-10-1981. The appeal was mainly allowed on the ground that Shri Vikram Singh the Manager was biased against the opposite-party no. 3 ami should not have conducted the enquiry and that the meeting of the Managing Committee he d on 13-2-1978 and 4-4 1979 were not properly convened. In the appeal it was also held that the principles of natural justice had been contravened inasmuch no opportunity was given to opposite-party no. 3 to place her case before the Enquiry Committee and the Managing Committee.

(3.) In the present writ petition the learned counsel for the petitioners has challenged the findings recorded by opposite-party no. 1. besides urging one fresh point. The points urged are as fallow: