PITABAS SAHOO Vs. MANAGING COMMITTEE OF SAHADA

JUDGEMENT

(1.) SAHADA Netrananda M. E. School is a private Government aided educational institution in the district of Balasore. It has a dulv constituted Managing Committee. Pitabas Sahoo was its Headmaster. For certain alleged commission and omissions, the Managing Committee of the Schoo5 by resolution dated 13. 7. 1983 decided to suspend him. The Headmaster was placed under suspension with retrospective effect from 13. 7. 1983. He was asked to make over charge to Sri Kalicharan Panda, the senior most assistant teacher of the school. The District Inspector of Schools, Balasore Circle I, was informed about the arrangement and by letter dated 30. 8. 1983, he approved the arrangement 'til! the finalisation of the Case'. On 6, 8. 1983 charge -sheet was served on the Headmaster. The Director, Elementary and Adult Education, Orissa, was requested to appoint an officer to enquire into the charges On 11 8. 1983, the Managing Committee resolved to renew the suspension of the Headmaster. The Managing Committee want on writing to the Director for appointment of an enquiring officer and went on passing resolution extending the Headmaster's suspension from time to time. The resolutions of the Managing Committee extending the Headmaster's suspension are dated 7. 9 1983, 8.10.1983 and 9. 12. 1988 OIC No. 197 of 1984 was filed on 18.1.1984 by the Headmaster assailing the resolutions of the Managing Committee extending/renewing his suspension from time to time as contrary to the second proviso to Rule 2(2) of the Orissa Education {Recruitment and Conditions of Services of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974, hereinafter called 'the Rules',

(2.) BY resolutions of the Managing Committee the Headmaster's suspension was continued till 7. 5. 1984. By letter dated 21. 3. 1984, the District Inspector of Schools, Balasore Circle I, informed the Secretary of the Managing Committee that the suspension of the Headmaster was not approved and the approval of the arrangement of placing Kalicharan Parida in charge of the Headmaster of the school was withdrawn. The Managing Committee and its Secretary filed O. J. C. No. 1019 of 1984 impugning the said decision of the D. I. and seeking a mandamus to the Director for appointment of an enquiring officer.

(3.) RULE 21 reads as under :