ASBESTOS CEMENT LTD Vs. HANUMAN PRASAD PANDEY

JUDGEMENT

(1.) The petitioner No. 2 is a society registered under the M. P. Society Registrikaran Adhiniyam, 1973. It runs a school, the primary school section of which was established in the year 1940 and the middle school section in 1957. The petitioner No. 1 Asbestos Cement Ltd. Kymore is a company registered under the Companies Act which had initially established the school and its Works Manager is the Chairman of the governing body of Everest Education Society, petitioner No. 2. Respondent No. 1 Hanuman Prasad Pandey was employed as a teaeher in this school. A domestic enquiry was held against him on charges of misconduct and thereafter by order (Annexure 4) dated 28-4-1978 passed by the Works Manager of the petitioner No. 1 Company, the service of respondent No. 1 Hanuman Prasad Pandey was terminated.

(2.) Aggrieved by the termination of service the respondent No. 1 Hanuman Prasad Pandey made an application to the District Education Officer, Jabalpur (respondent No. 4) on 12-5-1978. After this application was filed, the M. P. Act No. 20 of 1978 came into force w. e. f. 1-8-1978. The District Education Officer, respondent No. 4, then gave a notice on 1-1-1979 to the Education Society (petitioner No. 2) requiring it to appear on 8-1-1979 in connection with the termination of service of the respondent No. 1, Hanuman Prasad Pandey. Authorised representative of the Education Society appeared before the D. E. O. with the entire record of the enquiry. Thereafter by order (Annexure 6) dated 3-2-1979 the D.E.O. acting under Section 6 (b) of the Act No. 20 of 1978 declared the termination of service of respondent No. 1, Hanuman Prasad Pandey, to be void.

(3.) The Education Society made a grievance against this order to the DEO on 9-3-1979. The DEO on 24-3-1979 sent a reply to the Education Society rejecting the grievance made by the Education Society. Thereafter on 5-4-1979 the Education Society reiterated its grievance adding some more grounds to it. The DEO then by his order (Annexure 10) dated 2-5-1979 set aside the earlier order (Annexure 6) dated 3-2-1979.