MADHURLATA BHATNAGAR Vs. DY.DIRECTOR OF EDUCATION (WOMAN) ALLAHABAD, AND OTHERS
LAWS(ALL)-1988-2-92
HIGH COURT OF ALLAHABAD
Decided on February 16,1988

Madhurlata Bhatnagar Appellant
VERSUS
Dy.Director Of Education (Woman) Allahabad, And Others Respondents

JUDGEMENT

S.K. Dhaon, J. - (1.) This writ petition is directed against the order passed by the Deputy Director of Education (Woman) Allahabad, dismissing the appeal preferred by the petitioner against the order passed by the Regional Inspectress of Girls School, Bareilly, approving the decision of the Managing Committee of the Kaushalya Kanya Inter College to remove the petitioner from service.
(2.) The petitioner was employed as a magic teacher in the Kaushalya Kanya Inter College. Certain charge were recalled against her by the Committee of Management at the college. The usual enquiry was held and the Committee of Management sought the approval of the Regional Inspectress of Girls' School for removing the petitioner from service. The Regional Inspectress of Girls' Schools accorded her approval. The petitioner preferred an unsuccessful appeal before the Deputy Director of Education (Woman).
(3.) Section 16-G (3) of the U.P. Intermediate Education Act, 1921, confers right of an appeal upon any party against the order of the Inspector, approving or disapproving or reducing or enhancing the punishment or approving or disapproving the notice for termination of service proposed by the management. Apparently, the petitioner took recourse to the right of appeal conferred upon her by the statute. She filed a detailed memorandom of appeal dividing her arguments under several sub - hands. The sum and substance of the order of the appellate authority is that she perused the record, found that the procedure had been duly adopted, and the charges against the petitioner stood proved. No reason, whatsoever, has been given by the appellate authority to indicate as to how and in what manner she came to the conclusion that the charges against the petitioner stood proved. In the order we merely find her conclusion that the charges stood proved. It is well known that reasons are the vehicle or the bridge between the material on record and the conclusion arrived at. Reasons constitute the nexus between the material and the conclusion. Having gone through the order of the appellate authority more than once. I am convinced that he failed to assign any reason whatsoever in support of her conclusion. It is true that the order of the appellate authority is one of affirmant. Nevertheless, that factor did not achieve the appellate authority or performing its statutory duty of giving a finding on the various points urged before her along with reasons, although in brief. It has not to be forgatton that under the scheme of the Act the appellate authority has been constituted as a final forum on facts and law both. I am of the view that the order of the appellate authority cannot be sustained. In default of the foregoing discussion this writ petition succeeds. It is allowed, and the order dated 19.2.1974 passed by the Deputy Director of Education (Woman) Allahabad is quashed. The Deputy Director of Education is directed to re - hear the appeal preferred by the petitioner in the light of the observations made above and dispose of the same on merits in accordance with law expeditiously. Under the circumstances there shall no order as to costs. Petition allowed.;


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