V.M.Sahai, J. - (1.) The petitioner was appointed on 18.11.76 as Assistant Teacher in L. T. Grade in Ram Pyari Arya Kanya Inter College, Moradabad (in brief Institution). On '5.10.1991 she made a complaint to the principal that progress report and transfer certificates reveal that four students had obtained fictitious certificates that they passed XI class examination from the institution, though they were not students of the institution. It was alleged that these forged certificates were prepared by connivance of teaching and non-teaching staff. Out of the four students, name of Km. Chhabi, daughter of another teacher Smt. Savita Rastog! was also mentioned in the complaint. The petitioner also attached progress report and transfer certificate of Km. Chhabi along with her complaint. On 10.10.91. a fight took place in the Institution between the petitioner and Smt. Savita Rastogl. The petitioner lodged a F.I.R. on 10.10.91. The management, by resolution dated 14.10.91. suspended the petitioner. Shri D. C. Agarwal, officiating manager was appointed as Inquiry Officer. Charge-sheet was issued on 8.11.91. Two notices dated 6.12.91 were served fixing December 10 and 11 for inquiry. She submitted her reply on 28.11.1991. On 8.12.91 the petitioner requested that copies of statements be provided to her as the charge-sheet did not mention any witness or evidence which is to be relied against the petitioner. Request for change of inquiry officer was also made. The management gave no reply. On 21.12.91 another notice was Issued fixing 24.12.91 for inquiry. A notice dated 1.1.92 was despatched by registered post on 3.1.92 which was received by the petitioner on 8.1.92 in which 4.1.92 was fixed for the meeting. The management passed a resolution on 25.1.92 for dismissing the petitioner from service. The management sent the resolution to the Commission for obtaining prior approval as required by law. The Commission accorded its approval to the proposal of dismissal in its meeting dated 2.4.93 and the order of the Commission was communicated to the management on 24.4.93. Before the management could pass the dismissal order, the petitioner filed the instant writ petition challenging the order passed by the Commission. This Court on 17.5.93 passed an interim order in favour of the petitioner and the management was restrained from dismissing the petitioner. It was further directed that she shall be continued under suspension and shall be paid subsistence allowance.
(2.) I have heard Shri Ashok Khare, learned counsel for the petitioner and Shri A. K. Gupta. learned counsel for respondent No. 5 and Shri S. P. Pandey, learned standing counsel appearing for respondent Nos. 2 to 4.
(3.) Learned counsel for the petitioner urged that the resolution of the Committee of Management proposing dismissal of the petitioner from service and its approval by the Commission is illegal in view of the fact that as per regulations no proper Inquiry was done by the Inquiry Officer in the case of the petitioner and no reasons have been assigned by the Inquiry Officer for holding the petitioner guilty of the charges. Therefore, on the basis of such an inquiry report the petitioner could not be dismissed from service. On the other hand, Shri A- K. Gupta, learned counsel for respondent No. 5 has supported the inquiry report and argued that it does not suffer from any infirmity. The proposal of management and approval of Commission requires no interference.;