RAMAUTAR SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioner Ram Autar Sharma has applied for a writ under Article 226 of the Constitution for quashing an order dated 27-11-1956, of the Managing Committee of the Islamia High English School, Sheikhpura, Monghyr, terminating his service as a teacher of the school with effect from 29-11-1956. The order of termination of service is Annexure A to the application and is in the following terms:

(2.) The ground upon which this application is based is that the order of termination of service was made without asking the petitioner to show cause or without giving an opportunity of meeting the charge levelled against him. In this connection reference was made by learned counsel on behalf of the petitioner to Rules 12 and 13 of the Government notification dated 7-9-1955, regarding appointment and service conditions of teachers in non-Government High Schools. . Rule 12 states as follows:

(3.) A counter-affidavit has been filed on behalf of the Headmaster of the Islamia High English School. No cause has, however, been shown on behalf of the State of Bihar or the Inspector of Schools in this case.