C. P. SHARMA Vs. THE STATE OF HARYANA

JUDGEMENT

(1.) C.P. Sharma, who was the Principal of Mahadev Desai Senior Secondary School, Faridabad, having been so appointed on 22.8.1986 vide Annexure P-1 was suspended on 5.10.1991. He was also charge sheeted and he gave his reply and contested the matter. On enquiry that was held, he was found guilty of the charges levelled against him and his services were, thus, terminated on 7.1.1991. Under the provisions of the Act known as Haryana Aided Schools (Security of Service) Act, 1971, whenever major penalty is imposed upon the employee which as per Section 2(d) means an employee of aided school, approval has to be sought from the District Education Officer. Sections 2 and 3 which deal with the matter read as follows :

(2.) This petition has been contested and in the written statement on behalf of respondent No. 5 a detailed history has been given which culminated into dismissal of petitioner on 7.1.1991. It is sought to be proved that order of District Education Officer was manipulated by the petitioner. It has further been stated that appeal has now been filed and it is only after the result of appeal that some action can be taken.

(3.) After going through the records of the case, I am of the view that there is merit in the sole point raised by Mr. Mahesh Grover, learned counsel for the petitioner and this petition must succeed. It is no stage whatsoever to go into the merits of the matter in retuning a findings as to whether the services of petitioner were terminated rightly or wrongly. Till such time, the order passed by the District Education Officer under the provisions of the Act which is binding upon the respondents is successfully challenged in an appellate forum, there is no choice with them but for to comply with the directions contained therein. I would not like to go into the questions as to whether the appeal filed by the respondent-school beyond the period of limitation is in fact competent appeal or not as it is within the jurisdiction of the appellant forum to consider the matter and condone the delay, if any, application is filed or has already been filed on that behalf. Admittedly, no stay has been obtained by the respondent-school and, therefore, order passed by the District Education Officer is operative.