2009 (11) TMI 998

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....had dismissed the writ petition filed by the appellant on the ground of maintainability and relegated the appellant to take statutory remedy of appeal. 3. Heard the learned Counsel appearing for the parties and examined the impugned judgment as well as the other materials on record. 4. In our view, this appeal must succeed on a very short point. Before we take up the ground on which this appeal should be allowed, we may state the relevant facts leading to the filing of this appeal, which are as follows: The appellant [M.A. B.Ed. M.Sc (Computer)] was appointed as a lecturer in 2003 in a recognized school in the State of Haryana and was subsequently promoted to the post of Principal on account of her seniority. Her appointment ....

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.... in the case of A.V. Venkateswaran, Collector of Customs, Bombay v. Ramchand Sobhraj Wadhwani and Anr. AIR 1961 SC 1506 in which the Constitution Bench laid down the principles of the above exceptions when writ application could be entertained even if an alternative remedy was available to an aggrieved party. The same view was expressed by this Court in the case of L.K. Verma v. H.M.T. Ltd. and Anr. AIR 2006 SC 975 and M.P. State Agro Industries Development Corporation and Anr. v. Jahan Khan AIR 2007 SC 3153. 7. Such being the position and in view of the admitted fact in this case that before termination of the services of the appellant, no disciplinary proceeding was initiated nor any opportunity of hearing was given to the appellant. I....