RUBY JOYCE CHARLES Vs. AIR FORCE SCHOOL

JUDGEMENT

(1.) THE present writ petition has been filed by the petitioner impugning order of her removal from service dated 9.12.1997, Annx. 4 to the writ petition, on the ground, inter alia, of violation of principles of natural justice and fair play.

(2.) IT is averred in the writ petition that Appointing Authority of the petitioner is Senior Education Officer OIC Education whereas the order for her removal from service has been passed by the respondent No. 3, who is not authorised under the Education Code (Revised) (hereinafter referred to as 'the Education Code') to pass such order. It is also averred that her services are governed by the Education Code (Revised) for Air -Force Schools.

(3.) IT is urged by the learned Counsel for the petitioner that it is evident on the face of record that charge -sheet dated 3.11.1997 Annx. 1 to the writ petition which was served to the petitioner, was not in conformity of Para 7 (a) of Chapter IV of the Education Code, wherein it is provided that for imposing major penalty, the disciplinary authority is required to frame definite charges on the basis of the allegation on which enquiry is proposed to be held and a copy of the charges together with statement of allegations on which they are based shall be furnished to the employee and he/she shall be required to submit within such time as may be specified by the disciplinary authority but not later than two weeks, a written statement of his/her defence and also to state whether he/she desires to be heard in person.