SRI NANDURI RAMAKRISHNA RAO Vs. THE DIVISIONAL INSPECTOR OF SCHOOLS, GODAVARI DIVISION, KAKINADA AND OTHERS

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution for the issue of a writ of certiorari to quash the order of the District Educational Officer, Eluru, as confirmed by the Divisional Inspector of Schools, Godavari Division, Kakinada, in R.C. No. 42-C/3/54, dated 16th July, 1954.

(2.) The petitioner is the present honorary Manager of the Theosophical Elementary School, Powerpet, Eluru. The 3rd respondent who was originally the founder of the institution and who transferred it to "Divyajnana Vidya Samithi", continued to be the teacher in that institution. On complaints received from certain quarters, charges were framed both against the 3rd respondent and the Headmaster as he was ultimately acquitted and as his case is not before us. The charges against the 3rd respondent included "gross insubordination, impertinence against the Headmaster and serious misconduct in creating splits amongst the teachers", etc. They were enquired into by the previous Manager Lingayya and findings were given against the 3rd respondent. In the result, his services were terminated. The Enquiring Officer recommended that the 3rd respondent might be paid three months' salary in lieu of notice, although the relevant rules do not require it.

(3.) Thereupon, the latter preferred an appeal to the District Educational Officer, who is the 2nd respondent herein. The 2nd respondent, after making some enquiry into the matter, directed the reinstatement of the 3rd respondent on the ground that the termination of service was irregular the three months' notice was not issued to the teacher and also because there was no prior consultation with the Deputy Inspector of Schools, Eluru, as required by the Proceedings of the Director of Public Instruction in No. L. 2225/B. 7/51, dated 17th June, 1953. The then Manager, carried the matter in appeal to the Divisional Inspector of Schools and this appeal was rejected. Aggrieved by this order, the petitioner who succeeded Lingayya on 3rd September, 1954, has invoked the jurisdiction of this Court under Article 226 of the Constitution.