- (1.) MANOJ Misra, J 1. These two petitions, by the same petitioner, raise common questions of law and fact and, therefore, with the consent of the counsel for the parties, are being decided by a common judgment. By Writ Petition No. 19812 of 2010, the petitioner, who is a Principal of K.P. Training College (hereinafter referred to as College) has challenged the order of suspension dated 26.10.2009, as also the charge-sheet dated 29.03.2010. During the pendency of this petition, by order dated 06.08.2010, the petitioner was reinstated albeit without financial and administrative powers, accordingly, the petitioner got the petition amended thereby seeking for quashing of the order dated 06.08.2010 to the extent that it deprived her of her financial and administrative powers.
(2.) AS no interim-order was passed in Writ Petition No. 19812 of 2010, the enquiry held in pursuance to the charge sheet culminated in a decision of the Governing Body, taken in its meeting dated 13.01.2011, wherein award of four alternative punishments to the petitioner was considered, which are as follows:- "(i) Removal from the post of Principal, (ii) Reversion to the post of Teacher, (iii) Compulsory Retirement, (iv) Continuing her on the post of Principal, her administrative and financial power may be kept in abeyance for a further period of six months and she may be provided (sic) to improve her relation with the teaching and non-teaching staff and promote academic atmosphere in the College." Out of the aforesaid four alternative punishments, the 4th alternative was adopted in the following terms:- "Sri A.R.N. Srivastava, the nominee of the Vice-Chancellor proposed that since she has already been allowed to improve her conduct one more opportunity may be provided to her. The fourth alternative may be adopted subject to warning that in case she does not improve her behavior with the teaching and non-teaching staff of the College and academic atmosphere of the college does not improve and she doesn't gain the confidence of the Management the matter may be placed before the Governing Council after six months and other alternative punishment at serial nos. 1, 2 and 3 may be considered for adoption. ................. The Committee taking a sympathetic view though it was the opinion of the members that she does not deserve in view of the serious charges having being proved, since the Management has lost confidence in her. But in view of the suggestion made by Dr. A.R.N. Srivastava she may be again given opportunity for six months................ Ultimately the Committee adopted proposal made by Sri A.R.N. Srivastava, nominee of the Vice-Chancellor and pass the same unanimously."
(3.) PURSUANT to the aforesaid decision of the Committee of Management, the conduct of the petitioner was reviewed in a meeting of the Committee of Management, held on July 29, 2011. In the said meeting a decision was taken, which was communicated to the petitioner by the Chairman of the Committee of Management vide letter dated 29.7.2011, in the following words: "Even subsequent to the said resolution you did not improve your relations with the administrative staff of the college and reports were received that you even instigated the students to protest against the hike in fee and other disciplinary measures adopted against them, spoiling the academic atmosphere of the college. A copy of the Complaints received from the staff is on record which may be perused. Smooth functioning of the institution is the prime concern of the Management and after watching your conduct for past two years the Committee is of the considered view that it will not be desirable in the interest of the institution to continue you as a Principal of the Institution, you have failed to maintain absolute integrity and devotion to the duty. Time and again you have flouted the lawful direction of the Committee of Management and had adopted arrogant attitude against them. The past management led by Ch. Jitendra Nath Singh as President had expressed his dissatisfaction after holding a fact finding enquiry on some of the similar charges and had given an opportunity to you in vain. In the facts and circumstances the Committee has completely lost confidence in you and is of the view that your continuation in service will not be in the interest of the Institution. However, keeping in view of your 35 years service to the Institution instead of taking a decision of either dismissing or terminating your services the Committee of Management is of the view that you should be compulsory retired without affecting your financial claims, though the management has the discretion of deduction of 10% to 15% of from your pensionary benefit. The aforesaid action is taken on account of the powers conferred [Under Ordinance 42 : Condition of the Service of Teachers of the Constituent College [Under Clause (2) of Statute 31] Section 6(j) and (n)] and the intimation is being sent to the Vice Chancellor, University of Allahabad. The aforesaid order will come into effect immediately." ;