LAWS(MEGH)-2015-2-4

ISABELLA KYRSIAN Vs. STATE OF MEGHALAYA AND ORS.

Decided On February 10, 2015
Isabella Kyrsian Appellant
V/S
State of Meghalaya and Ors. Respondents

JUDGEMENT

(1.) THIS writ petition is liable to be dismissed even without issuing rule for the sole reason that the petitioner did not annex the copy of the impugned order dated 02.04.2013 for removing the petitioner from the post of Principal, St. Mary's College, Shillong to the writ petition [Surinder Singh v. Central Govt. & Ors: : (1986) 4 SCC 667]. However, this Court was lenient enough in issuing notice to the respondents. The respondents No. 3 & 5 in their joint affidavit -in -opposition had annexed the copy of the impugned order dated 02.04.2013 as Annexure -XIX. The main ground for assailing the impugned order dated 02.04.2013 is that there was violation of principles of natural justice and also the prescribed procedure had not been followed in imposing major penalty of removal from the post of Principal of St. Mary's College.

(2.) HEARD Mr. MF Quershi, learned counsel for the petitioner, Mr. ND Chullai, learned Sr. GA assisted by Mr. K.P. Bhattacharjee, learned G.A. appearing for the respondents No. 1 & 2, Mr. S. Sen, learned counsel for the respondents No. 3 & 5 and Mr. K. Khan, learned counsel for the respondent No. 4.

(3.) THE petitioner joined the Sisterhood on 29.06.1986 and obtained her degree in Bachelor of Arts in the year 1990, B.Ed. in the year 1991, M.A. (Education) in the year 1996 and Doctorate in the year 2011. She served in the Queen of the Mission Convent, Kolkata, St. Michael Convent and School in Umsning, Meghalaya, St. Agnes Convent, Haflong, St. Joseph's Convent, Shillong, St. Mary's Convent, Mariam Nilaya in Bangalore, Mariam Niwas in Bangalore, U. Krist Jingshai, Marbisu, St. Mary's Convent, Shillong and attached to College Work in the year 2002 and was appointed Principal of St. Mary's College, Shillong in the year 2007 vide Govt. Order No. CE/GA/AP/1/2005/99 dated 27.09.2007, and it reads as follows: - -