SUMER SINGH YADAV Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner in this writ petition is seeking the relief of quashing the order of suspension (Ann. P. 4) by issuing a writ of certiorari.

(2.) The petitioner was appointed as a Principal of Sanjay College, Ateli, District Mohindergarh which is an aided College and the services of the petitioner are governed by the Haryana Affiliated Colleges (Security of Service) Act, l979. It is alleged that while working as Principal the petitioner has been placed under suspension by the President of the college on 23.8.1995 with an ulterior motive. According to the petitioner, the President has no power to suspend the Principal or any other employee of the College whose services are governed by the Haryana Affiliated Colleges (Security of Service) Act, 1979.

(3.) The 3rd respondent namely the President of the College filed a written statement contending interalia that the Governing Body has the powers to suspend, remove or take any other disciplinary action against any employee of the Society or institution under clause 4 of the Constitution of the society. The President has also been given the powers to appoint or remove any employee of the College or any institution of the Society, under clause 5 of the society. It is further stated that the order of suspension passed by the President was ratified by the governing body at its meeting an a charge-sheet has been communicated to the petitioner. It is farther averred that the governing body by resolution dated 25.5.1992, authorised the President and the Secretary of the governing body to exercise all the powers of the governing body as given in the Constitution of the Society. Therefore, the order of the President of the Society suspending the petitioner is valid, legal and that there are ho grounds to quash the same.