SAINT MEERA BROTHERHOOD SOCIETY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SMB Society, appellant herein, though seeks to set aside the impugned order of learned Single Judge on various grounds, the main point that has been canvassed is that the order reveals the "inscrutable face of the sphinx", it can by its silence render it virtually impossible for this Division Bench to perform the appellant's function in adjudging the validity of the order.

(2.) HAVING closely weighed the impugned order we find no substance in this submission that the order is non-speaking and non-reasoned.

(3.) A look at section 18 of the 1989 Act and the Rules made thereunder provide that no employee of the recognised Institution shall be removed, dismissed or reduced in rank unless he has been given a reasonable opportunity of being heard against the action proposed to be taken. As per proviso (iii), Section 18 shall not apply where the managing committee is of unanimous opinion that the services of an employee cannot be continued without prejudice to the interest of the institution, the services of such employee are terminated after giving him six months notice or salary in lieu thereof and the consent of the Director of Education is obtained in writing.