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SMT. HARINDER KAUR versus D.I.O.S. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Harinder Kaur v. D.I.O.S. And Others - WRIT - A No. 9874 of 1981 [2007] RD-AH 12039 (16 July 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

                                                                               Court No.26

Civil Misc. Writ Petition No. 9874 of 1981

Smt. Harinder Kaur Vs. District Inspectors of Girls

Schools, Allahabad & others

Hon'ble Vineet Saran, J.

The petitioner was appointed as Assistant Teacher in the College of the respondents no. 2 and 3 in the year 1973. In the year 1979 she proceeded on leave, which was duly sanctioned. When she returned back from leave, she was not permitted to join the service. The petitioner approached the education authorities and a direction was issued to the respondent-College to permit the petitioner to join and pay her salary. Then by the impugned order dated 4.7.1981 her services have been terminated. Challenging the said order this writ petition has been filed.

I have heard Sri V.K.Singh, learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondent no.1. List has been revised no one is present on behalf of the respondents no.2 and 3.

The submission of learned counsel for the petitioner is that the impugned order has been passed without obtaining prior approval of the education authorities as required under the Regulations framed in U.P. Intermediate Education Act, 1921. It has further been submitted that the said order has also been passed without giving opportunity of hearing to the petitioner and as such the impugned order is liable to be quashed. On the other hand it is submitted that as the College-respondent no.2 is a minority institution, hence prior approval would not be required.

However, the submission of learned counsel for the petitioner is that as the termination order, having been passed without complying principles of natural justice, would be bad in law. In support of this contention, learned counsel for the petitioner has placed reliance on decision dated 27.1.2005 of this Court rendered in the case of writ petition no.49195 of 2003 (Committee of Management, Mohd. Husain Inter College, Navalpur, Deoria Vs. District Inspector of Schools, Deoria and others), wherein it has been held that "when disciplinary action is based on fair domestic enquiry then in that event any interference made by any level would be making in road in the right of minority status granted under Article 30(1) of the Constitution of India, but when there is gross violation of the statutory provisions and gross violation of principles of natural justice then in that event power of this Court under Article 226 of the Constitution of India is not at all curtailed or limited and this court in appropriate matters can interfere in the matter."

In the aforesaid circumstances, in my view, since the petitioner was permanent teacher and her termination order has been passed in gross violation of the principles of natural justice, the same is liable to be quashed.

Accordingly, this writ petition stands allowed. The order dated 4.7.1981 is quashed. The petitioner shall be entitled to all consequential benefits. No order as to cost.              

Dt/-16.7.07

RU


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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