S RAM PRINCIPAL Vs. G P SHRIVASTAVA REGISTRAR

JUDGEMENT

(1.) SATPULA Girls Higher Secondary School, Jabalpur is a Government aided education "institution" within the meaning of the provisions contained in M. P. Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmchariyaon Ke Vetano Ka Sandaya) Adhiniyam, 1978 (shortly hereinafter referred to as the Act ). The above institution is run by minority community of Protestant Christians through a registered society under the M. P. Registrikaran Adhiniyam named Nagpur Diocesan Board of Education, Jabalpur (shortly referred hereinafter as N. D. B. E. ). The petitioner worked as Principal of the above school and claimed to be fully governed, in the matter of her service conditions, by the provisions of the rules framed under the Act. The rules are named M. P. Ashaskiya Shikshan Sanstha (Adhyapakon Tatha Anya Karmachariyon Ko Padachyut Karne/sewa Se Hatane Sambandhi Prakriya) Niyam, 1983.

(2.) THE petitioner initially challenged in this petition under Article 226 of the Constitution of India the order dated 4-2-1988 (Annexure P-7) whereby she was placed under suspension and now she challenges the impugned order dated 3-7-1988 compulsorily retiring her on the basis of a charge-sheet, an enquiry and an enquiry report submitted thereof. The above order of compulsory retirement and copy of the enquiry report are on record with the application made by the petitioner on 14-7-1988 seeking amendment of the petition. Formal amendment was not incorporated in the petition but we have allowed the parties to address arguments also on the same.

(3.) THE only necessary facts to be stated are that the petitioner was charged inter alia for defying the authority of the Bishop of Jabalpur who was Chairman of N. D. B. E. at Jabalpur. Several acts of mismanagement were also alleged against the petitioner which led to delay in receipt of grants-in-aid for payment of salary to the staff and all round resentment from all concerned in the school. A charge-sheet was issued to her which she refused to have received by post. Notice of holding disciplinary proceeding was published in the local newspaper. Respondent No. 12 Smt. V. V. Mallaya, the then Principal, Government Prantiya Shikshan Mahavidyalaya, Jabalpur (who holds the rank equivalant to D. S. E. now designated as Joint Director of Education ) was appointed as Enquiry Officer. The petitioner, although noticed to appear before the Enquiry Officer, did not participate in the enquiry. The Enquiry Officer submitted an adverse report against the petitioner, copies of which were sent to the concerned authorities of the State Govt. in compliance with the provisions of the rules. N. D. B. E. , as governing body of the school, constituted a screening committee to consider the enquiry report and by the impugned order passed on 3-7-1988, keeping in view her past services to the school, she was compulsorily retired.