AMITA BADIYAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.)

(2.) SINCE common questions of law and facts are involved in these two writ petitions, these are being disposed of by this common judgment. These petitions were ordered to be clubbed by the Division Bench on 18.10.2011. Petitioner, namely, Amita Badiyal was selected as Lecturer in the subject of English by the Parent Teachers Association and the appointment letter was issued to her on 30.08.2006. She joined her duties at Government Senior Secondary School, Kangar on 31.08.2006. Petitioner, namely, Shri Amit Kumar, who was also selected as Lecturer in the subject of Economics by the Parent Teachers Association, has joined his duties in Government Senior Secondary School, Kangar on 06.10.2006. It appears from the record that two students of 9th standard, namely, Rohit Kumar and Avinash have seen the petitioners kissing each other in the common room. This fact was brought to the notice of respondents No. 4 and 5 by them on 14th September, 2011. Thereafter, the School Management Committee, i.e., respondent No. 4 has passed a resolution on 15.09.2011 that the matter be brought to the notice of District Education Officer for further action and SHO, Haroli may also be informed. It was also decided that the petitioners may not be allowed to come to the School till normalcy is restored. In sequel to the resolution dated 15th September, 2011, the Deputy Director of Higher Education, Una, District Una also proceeded to hold preliminary inquiry of the incident dated 14.09.2011. He has recorded the statements of Principal, Lecturer and two students, namely, Rohit Kumar and Avinash. However, without waiting for the out come of the preliminary report of the Deputy Director of Higher Education, Una, a fresh resolution was passed by the respondent No. 4 on 20th September, 2011, whereby the services of the petitioners were terminated immediately. Consequently, the petitioners vide Annexure P -5 were informed by the President of S.M.C. that their services have been terminated and their entry to the School premises was baned.

(3.) MR . Rajender Dogra, learned Additional Advocate General, Mr. Sandeep Chauhan and Mr. C.S. Thakur have supported the resolutions and termination orders.