MANAGING COMMITTEE Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition has been filed challenging the order of the Additional Deputy Commissioner, Sangrur dated August 18, 1977 and the Commissioner Patiala Division dated May 24, 1978.

(2.) Briefly, the facts are that the petitioner is running a Higher Secondary School named as Arya Higher Secondary School, Dhuri, District Sangrur, Punjab. Shrimati Jagdish Kaur (respondent No. 3), was serving as Art and Craft Teacher in the said School. Her services were terminated after serving on her three months notice dated August 19, 1975. She filed an application under Section 3 of the Punjab Aided Schools (Security of Service) Act, 1969 (hereinafter referred to as the Act), before the Additional Deputy Commissioner, Sangrur, for setting aside the order of the petitioner. On the date of hearing, i.e. July 26, 1977, she was not present and consequently, her application was dismissed in default. On the same day, she filed an application for restoration which was allowed by the Additional Deputy Commissioner (respondent No. 2) on August 18, 1977, vide order of even date (copy of which is Annexure 'P.5' with the writ petition). The petitioner went up in appeal before the Commissioner, Patiala Division, Patiala, against the order of the Additional Deputy Commissioner, who dismissed the same vide order dated May 24, 1978, holding that no appeal was maintainable before him under the interim order. The Committee has challenged the aforesaid orders through this writ petition.

(3.) This petition came up for hearing before R.N. Mittal, J. who vide order dated 13th September, 1979, referred the case to the Division Bench as the views expressed by the learned Judges in Sudarshan Singh v. Deputy Commissioner, Ludhiana etc., 1973 CurLJ 837 Manohar Lal L. Nadar Chand v. Mohan Lal Gian Chand, 1957 AIR(P&H) 72 run counter to each other.