SMT. SUDARSHAN MALIK HEADMISTRESS, DHANWANTRI ARYA GIRLS HIGH SCHOOL ROHTAK Vs. THE ARYA EDUCATION SOCIETY (ARYA SABHA) ROHTAK AND OTHERS

JUDGEMENT

(1.) IN this appeal briefly the facts are that :-

(2.) THE Defendants controverted the said allegations. It was contended that she was not only suspended bat Utter on a show -cause notice was issued, imputing various charges against her, an enquiry was held and on finding her guilty of the charges attributed to her. She was removed from service. Another teacher was appointed who started working w.e.f. 27,6,1978. Numerous other objections were also taken.

(3.) THE Plaintiff preferred an appeal. The lower appellate Court found that the election of Defendants Nos. 4 and to be void and therefore held that the order of suspension was without jurisdiction. The I were appellate Court came to the conclusion that since the Defendant -society was not a statutory body and the Plaintiff had been relieved on 2.6.1978, it would be unrealistic to grant the injunction restraining the Managing Committee from interfering with her discharge of duties. It was further found, after relying on a Supreme Court judgment in Executive Committee of Vaish Degree College, Shamli and other v. Lakshmi Narain, A.I.R. 1976 S.C. 888, that a declaration for the specific enforcement of a contract of service cannot be granted except in the following exceptions: