V.K.Shukla, J. - (1.) Committee of Management, Shri Chameli Devi Khandelwal Girls Inter College, Vrindavan Road, Mathura, through its Manager Smt. Ratan Prabha Khandelwal, is assailing the validity of the order dated 21.6.2004 passed by U.P. Secondary Education Service Selection Board, Allahabad, rejecting the resolution of dismissal forwarded by the Managing Committee of the institution qua Km. Sarojini Barsol, Principal of the institution.
(2.) Brief facts, as mentioned in the writ petition, is that in the district of Mathura, there is an institution known as Shri Chameli Devi Khandelwal Girls Inter College, Vrindavan Road, Mathura, the affairs of which are run and managed as per provisions contained under U.P. Intermediate Education Act, 1921, and the Regulations framed thereunder, and as per provisions contained under U.P. Secondary Education Service Selection Board Act, 1982. In the institution concerned, Km. Sarojini Barsol had been discharging her duties as lecturer and subsequently, she was selected as Principal of the aforementioned institution by the U.P. Secondary Education Service Selection Board, Allahabad. Against the aforesaid incumbent various charges had been levelled, and on the basis of the same, she was sought to be placed under suspension by means of resolution dated 11.1.2001. Said suspension was communicated by means of order dated 12.1.2001, and the said suspension letter was followed by charge-sheet dated 12.1.2001, and the said suspension letter was followed by charge-sheet dated 23.1.2001. It has been asserted that thereafter various opportunities were provided to Km. Sarojini Barsol, but at no point of time she ever availed of the aforementioned opportunity to appear before the Enquiry Committee and to submit her explanation and lead evidence in rebuttal of the charges. The Enquiry Committee submitted its report dated 11.3.2001 finding charges as proved and recommended for termination of respondent No. 5 from service. Thereafter Managing Committee of the institution, passed resolution for dispensing services with effect from 12.3.2001. Letter dated 9.3.2001 sent by Km. Sarojini Barsol is also alleged to have been considered and rejected on 12.3.2001. It has also been alleged that notice of termination was published in newspaper. Entire papers were transmitted to the U.P. Secondary Education Service Selection Board, Allahabad for approval in terms of Section 21 of U.P. Act No. 5 of 1982. The said Board in its turn issued notice on 10.10.2002, pursuant to which Km. Sarojini Barsol submitted her reply on 22.10.2002. Thereafter, 7.1.2003 was the date fixed and on the said date Km. Sarojini Barsol appeared, but no one appeared from the side of management. Thereafter on the next date of hearing 12.3.2003, representative of the management appeared but no one appeared from the side of Km. Sarojini Barsol. Thereafter, on 22.4.2003, it has been contended that both the parties were heard separately, and the impugned order in question has been passed on 21.6.2004, which is subject matter of challenge before this Court.
(3.) To this writ petition counter affidavit has been, filed, and therein, it has been submitted that Enquiry Committee was not at all constituted in consonance with law, and further the charge-sheet, which was submitted, did not contain signature of Sri Krishna Todwal, and further it has been contended that full-fledged opportunity of hearing had been provided for before passing of impugned order and the order impugned does not suffer from any infirmity, whatsoever. It has also been contended that she is being harassed and victimised, and the charges relate to the period when she was functioning as lecturer in the institution. It has also been asserted that reply submitted by her had been received by petitioners. Report of the Principal, Government Inter College, Mathura dated 11.1.2002 had also been appended with the reply, which was submitted pursuant to show cause notice.;