Dalveer Bhandari, J. - (1.) THIS appeal is directed against the judgment and order dated 10.4.2003 passed by the High Court of Judicature at Allahabad in Civil Writ Petition No. 15255 of 2003.
(2.) RESPONDENT no. 3 Smt. Santosh Upadhyay was working as an Assistant Teacher in the Kanya Junior High School Bal Vidya Mandir, Etah. A letter dated 8.9.2001 in the form of a show-cause-notice was sent to respondent no. 3 by the Principal of the school directing her to stop her acts of indiscipline. The letter dated 8.9.2001 reads as under: JUDGEMENT_184_TLPRE0_2006Html1.htm The appellant did not receive any satisfactory reply from respondent no. 3 and on 24.9.2001 a suspension order was passed. The suspension order dated 24.9.2001 reads as under: JUDGEMENT_184_TLPRE0_2006Html2.htm On 17.10.2001, the Manager, G. J. High School, Bal Vidya Mandir, Etah received a letter from the District Basic Education Officer, Etah indicating that for a minority institution there is no requirement of prior approval for imposing penalty on Assistant Teachers from the District Basic Education Officer. The letter dated 17.10.2001 reads as under: JUDGEMENT_184_TLPRE0_2006Html3.htm
(3.) THE appellant institution, namely Kanya Junior High School Bal Vidya Mandir, was established and administered by the Jain community which has been recognized as a minority community. In this School education is imparted up from Nursery to standard VIII. An enquiry was conducted and after receiving the enquiry report from the Enquiry Officer, meeting of the Managing Committee was called on 9.11.2001 which was attended by all the members of the Managing Committee. THE enquiry report and reply to the show cause notice were considered. THE charges levelled against respondent no. 3 were unanimously proved. In the interest of the institution and its good reputation, respondent no. 3 was removed from the service of the school. THE order of termination dated 10.11.2001 reads as under: JUDGEMENT_184_TLPRE0_2006Html4.htm Respondent no. 3 challenged the order of termination dated 10.11.2001 before the High Court of Judicature at Allahabad by filing a writ petition, which was decided by the learned Single Judge on 7.12.2001.;