MAHEJABEEN Vs. STATE OF BIHAR

JUDGEMENT

(1.) IN the present writ application, the petitioner who was a teacher in Lakshmi Muslim Girls Middle School, Hazaribagh, has prayed for quashing of the order dated 04.07.1992 passed by the Secretary of the said School (Annexure -8) whereby she was suspended with effect from 07.07.1992. It has also been prayed for quashing of the Resolution dated 27.11.1992 of the Managing Committee of the said School whereby the services of the petitioner was terminated as contained in Annexure -14 to the writ application. The further prayer is for a direction to the Managing Committee to comply with the direction of the District Superintendent of Education, Hazaribagh dated 05.12,1992, whereby the suspension and termination of the petitioner was declared to be illegal.

(2.) THE case of the petitioner is that he being an LA. Trained was appointed as an Assistant Teacher in the year 1983 by the Managing Committee of the Lakshmi Muslim Girls Middle School, Hazaribagh which was a religious minority school as declared by the Government of Bihar by its letter dated 27.02.1980 contained in Annexure -1 to the writ application, which receives aid from the State Government for payment of salary to its employees. The petitioner was appointed on regular basis on 23.10.1985. It is stated that on the retirement of Head Mistress, she applied for the said post as she had enhanced her qualification by obtaining M.A. Degree and was eligible for the said post, but Just after two days of her filing the said application, she received a letter dated 04.05.1992, by which she was served with a charge -sheet and was directed to file show cause as to why her services be not terminated. The petitioner filed her show cause, denying the charges but without holding any enquiry and without examining any witness in support of the charges, the Secretary of the School by letter dated 28.05.1992, informed her that the Managing Committee tentatively decided to terminate her services and she was asked to show cause against the proposed punishment. The petitioner requested the Secretary to furnish the copies of the relevant documents in support of the charges and permit her to take the assistance of a Lawyer on the ground that the Secretary of the School as well as the member of the Enquiry Committee were lawyers. The petitioner was subsequently suspended by issue of letter dated 04.07.1992 contained in Annexure -8.

(3.) IT is further stated that the District Superintendent of 'Education, Hazaribagh found the order of suspension of the petitioner as well as the termination to services to be arbitrary and illegal and, therefore, the Secretary of the School was directed by the District Superintendent of Education to reinstate her In service. Pursuant to that, the petitioner went to submit her joining report but the same was not accepted.