U.P.SINGH, J. - (1.) (Majority view):- The question as framed for decision by the Full Bench is as follows : "Whether Section 16-G(3)(a) of U. P. Intermediate Education Act, 1921, is applicable to a recognised and Government aided minority institution which provides for taking of the prior approval of the District Inspector of Schools in writing before discharging, removing or dismissing from service or reducing in rank or subjecting to any diminution in emoluments or terminating the service of a teacher of a recognised institution under the Act?"
(2.) The necessary facts leading to making the reference to the Full Bench may be stated briefly. Sri Guru Nanak Deo Girls Inter College, Saharanpur is a minority institution. It is aided by the State Government. Smt. J. K. Kalra, the petitioner, was appointed as a teacher by the Committee of Management of Sri Guru Nanak Deo Inter College, Saharanpur on 8/07/1954 and confirmed on the said post on 8/07/1955. She was promoted as Principal of the said college on 22-7-1957 and later on she was confirmed on the said post by the order of the Joint Director of Education, U. P., Lucknow.
(3.) The Committee of Management received a complaint dated 27-4-1985 from the District Inspectress of Girls Schools, Saharanpur and on receipt of the said complaint a resolution was passed by the Committee of Management on 6/08/1985 to set up an inquiry against the petitioner. An Inquiry Committee was constituted. This Committee submitted its report on 20-8-1985 which was considered by the Committee of Management and Sub-Committee was formed to inquiry into the allegations against the petitioner. The said Committee issued a charge sheet to the petitioner. In the charge sheet it was stated that the petitioner was guilty of misappropriation of funds of the institution and she also was guilty of mismanagement and her attitude towards subordinates was not proper. The petitioner submitted her reply dated 15-9-1985. The Manager of the college placed the report of the Sub-Committee before the Committee of Management of the College. The petitioner was given a show cause notice to which the petitioner submitted a reply.;