TaxTMI 
TaxTMI 
TaxTMI 
1984 (5) TMI 274
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....onfirmation of the appellant in the post of the principal. As the Managing Committee was not satisfied with the services of the appellant, it resolved to terminate his services and after obtaining the approval of the District Inspector of Schools wrote a letter dated June 30, 1969 to the appellant communicating its decision to terminate the services of the appellant enclosing therewith a copy of its resolution dated April 27, 1969. The letter dated June 30, 1969 reads thus: From To The Manager Shri I.P. Gupta Model Inter College Chilkana House, Thora (Bulandshahr) Kumaran, Bridge, Saharanpur. Ref. No. Dated the 30th June,1969 Sub : Termination of your service as Principal. Dear Sir, With reference to the above, I have to mention that in view of the resolution No. 2 of the Managing Committee dated 27.4.1969 (copy enclosed) and subsequent approval by the D.I.O.S. Bulandshahr you are hereby informed that your service as Principal of this Institution is terminated with immediate effect. You will however be entitled to your dues in lieu of notice. Please hand over complete charge to Sri D.D. Gupta, who is being instructed accordingly, without delay. Please note that you cease to f....
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....but in the meeting of the Committee * held on 25.8. 68 in which the Principal was also present, the report of the Manager, dated 4.7.68 was put as desired by the President. Resolution 3 dated 25.8.68 under the head "Consideration on confirmation of Shri I.P. Gupta, Principal" incorporates the decision of the Committee as "According to the Manager's report the period of probation of the Principal extended by one year." The proceedings book contains signatures of Sri I.P. Gupta for receiving a copy of the said resolution At the end of the proceedings the minute book contains signatures of Sri I.P. Gupta along with other members of the Committee present. The facts contained in this report of the Manager being serious and not in the interests of the institution, this Committee unanimously resolves that the period of probation of Sri I P. Gupta, Principal, be terminated without waiting for the period to end and the manager is empowered to take necessary steps in this respect. Any thing done by him in this respect shall be considered to have been done by this Committee. The manager is also authorised to hand over charge to Sri D.D. Gupta when necessary. Sri I.P. Gupta also came i....
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....termediate Education is authorised to make Regulations in respect of all matters which by the Act are to be provided for by Regulations with the previous sanction of the State Government. Under the Regulations so made under the Act, the period of probation prescribed is one year whether a person is a direct recruit or has been promoted from a lower grade in service of the institution to a higher grade. The period of probation of a Principal or Head Master may be extended by a maximum period of twelve months. At least six weeks before the date of which the confirmation of a Principal or a Head Master is due, the Manager of the institution is required to prepare his confirmation papers and place them before the Committee of Management and the decision of the Committee of Management in each case is required to be recorded in the form of a resolution. Regulation 10 provides that a person placed on probation shall be confirmed if he fulfils the requirements of Regulation 9, has worked with diligence and otherwise proved himself fit for the post for which he was recruited and his integrity is certified. Whenever the punishment of dismissal, removal or discharge, reduction in rank or dimi....
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....he inquiring authority be waived without injustice to the person charged. 37. Soon after the report of the proceedings and recommendation from the inquiring authority are received, the Committee of Management shall meet to consider the report of the proceedings and recommendation made and take decision on the case. The employee shall, however, be allowed, if he so desires, to appear before the Committee in person to state his case and answer any question that may be put to him by any member present at the meeting. The Committee shall then send a complete report together with all connected papers to the Inspector or Regional Inspectress as the case may be, for approval of action proposed by it. 38. If it is felt at any stage that the matter can be more properly dealt with by action to terminate service with notice, this may be done with the approval of the Inspector or Regional Inspectress, as the case may be. 6. It is seen from the foregoing that that the above provisions relating to the procedure to be followed before imposing the punishment of dismissal or removal from service are virtually the same as provided by Article 311(2) of the Constitution and the principles which s....
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....ager. But it was submitted by the learned Counsel for the opposite parties that a reasonable opportunity was afforded to the petitioner by the Managing Committee when he was faced with the charges and asked to explain on 27.4.69, at the meeting of the Managing Committee. But the learned Counsel for opposite parties when faced with the relevant regulations and Section 16-G of the Intermediate Education Act found it difficult to justify that what was done at the meeting of the Managing Committee on 27.4.1969 complies with those provisions. The attack made by the petitioner based on non-compliance of the relevant regulations and the provisions of Section 16-G of the Act on the validity of the action taken, appears to be sound and sustainable. No matter the petitioner was not a permanent Principal yet he was entitled to a regular show cause notice against the charges brought and an opportunity to be heard as required by the regulations. The impugned order of termination thus was a mere camouflage and cannot be regarded in the circumstances as having been passed by the Managing Committee in the normal course. The District Inspector of Schools was in error in approving the termination in....