BHURA RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) Through this writ petition filed under Article 226/227 of the Constitution of India, the petitioner prays for issuance of a writ in the nature of certiorari for quashing/setting aside the order dated 20.01.2020, dismissing the petitioner from service of the Mewat Model School, Nagina.

(2.) At the outset, it must be noticed that this Court is of the considered view that the petitioner is required to be relegated to the remedy of appeal under Rule 111 of the Haryana School Education Rules, 2003. It is the pleaded case of the petitioner that the school is a aided school. The Government of Haryana has enacted the Haryana School Education Act, 1995 which apart from other things provide for grant of aid to the aided schools. In exercise of the powers conferred by sub section 1 read with sub section 2 of Section 24 of the Haryana School Education Act, 1995, the Governor of Haryana has notified the rules namely the Haryana School Education Rules, 2003. Rule 111 is extracted as under:-

(3.) Thus, it is apparent that the appeal is maintainable against the order imposing penalty by the management on its employee. In the present case, the petitioner has been ordered to be dismissed from service after holding a regular inquiry. Thus, the appeal is maintainable.