1996 (4) TMI 541

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....t made by the Socio Economic Board concerned with administration of the institutions within the Diocese of Medak, the Executive Committee resolved on 12.6.95 to appoint an Commission to enquire into the acts of commissions and omissions of Respondent No. 1. It also resolved to suspend Respondent No. 1. Pursuant to that resolution the appellant by an order dated June 12, 1995 suspended Respondent No. 1 pending the enquiry and by letter of the same date a Commission of Enquiry was constituted. The terms of reference were as under: 1. Willful insubordination and non-cooperation 2. Leaving headquarter without prior permission or intimation. 3. Unauthorised appointment of staff 4. Admissions 5. Purcha....

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....llowed the appeal as it was of the view that the terms of reference made to the Enquiry Commission were vague and general and that there was an 'element of mala fides' on the part of the appellant in initiating the said proceedings and that the order of suspension dated 12.6.1995 having come to an end on 12.10.1995 Respondent No. 1 was entitled to be restored as Principal. Aggrieved by that order the appellant has filed this appeal. 4. What is contended by Mr. Soli J. Sorabjee, learned Senior Counsel for the appellant is that the Division Bench of the High Court completely misdirected itself as regards the correct legal position and, therefore, erred in quashing the action of the appellant in constituting a Commission of Enquiry ....

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....regular enquiry was required to be make against her. There was hardly any role for the court to play at that stage. The learned Single Judge had rightly dismissed the writ petition as premature and it was not proper for the Division Bench to set aside that order and quash the constitution of the Commission of Enquiry and holding of a preliminary enquiry. It should have been appreciated that it was futile to pass such an order as the Executive Committee had already taken a decision by that time to hold a regular full-fledged enquiry and appointed an Enquiry Officer for that purpose. 6. It was next contended by learned Counsel for the appellant that in view of the two decisions of the same High Court in M. Chandrasekhara Rao v. Shri Saivod....