P. P. SINGH Vs. THE STATE AND OTHERS

JUDGEMENT

(1.) (Oral)- This is a petition by a teacher in the school under Art 226 of the Constitution of India for setting aside the instructions given by the Deputy Secretary, Government of Maharashtra, Education and Snorts Social Welfare Department on 9-10-1970 reversing the decision given by the Deputy Director of Education for reinstating the petitioner and for an order against the Government to forbear from enforcing the said decision dated 9-10-1970 and to enforce the order of reinstatement issued to him on 2-12-1968 and also for an order against the trustee to reinstate the petitioner.

(2.) Few interesting facts which are material for the purpose of this petition are as follows :

(3.) Thereafter correspondence ensued between the parties. As nothing came out therefrom the petitioner appealed against his wrongful dismissal to the Director of Education by his representation dated 2-2-1968 and requested for reinstatement. The said representation was directed to the Deputy Director of Education for disposal who in turn sent it to the Education Inspector of school for disposal. The said Education Inspector on making inquiries came to the conclusion that the petitioner's dismissal was wrongful and that he should be reinstated in his service. The said conclusions were communicated to the Deputy Director of Education by his letter dated 19-3-1968. The petitioner was not given a copy of the decision but he was told orally when he approached the Deputy Director of Education that the Principal of the school had been asked to reinstate him However, it appears that thereafter the Principal made an appeal against the said order in connection therewith the petitioner was called by the Deputy Director of Education to appear before him on 22-6-1968 at the school The petitioner appeared before the said Deputy Director of Education and examined certain witness in support of his case. After hearing the parties the Deputy Director of Education gave decision in favour of the petitioner and by his letter dated 12-7-1968 requested the Management of the said school to immediately reinstate the petitioner and submit the compliance report. The petitioner thereafter met the trustee of the said trust of the school on 18.h of July 1968 and requested for reinstatement when he was asked to report after he received an intimation from the school authorities. He again wrote a letter dated 20-7-1968 to the school authorities requesting for reinstatement The Management however did not reinstate him Sometime in Dec. 968, the Management of the School appealed to the Director of Education against the said decision of the Deputy Director of Education, although the grant-in-aid code does not provide for any such appeal. By a letter dated 14th Dec. 19 8 from the Director of Education, the petitioner was informed, inter alia, that the decision taken by the Deputy Director of Education was final. However the Deputy Director of Education by his letter dated 10-1-1969 stated that with reference to the complaint of the petitioner against the said school, under the instructions from Director of Education the petitioner was informed that the decision taken by the Management against the petitioner was correct and that there was no necessity to change the same.