BALBIR SEN KHANNA Vs. NIRMAL CHAWLA
LAWS(P&H)-1994-5-48
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 05,1994

BALBIR SEN KHANNA Appellant
VERSUS
NIRMAL CHAWLA Respondents

JUDGEMENT

S.K.JAIN, J. - (1.) SHRI Ram Ashram Senior Secondary School, Amritsar, is an institution owned and run by Shri Ram Educational Society (Registered), Amritsar. The society consists of life members and life associates and its member can be removed by 3/4th members of the society on the recommendation of the governing council.
(2.) MRS . Nirmal Chawla, respondent herein, working as Principal of the school started challenging the authority of the Governing Council to run the affairs of the School smoothly. She was instrumental in filing a suit by staff members of the School namely Mrs. Shanta Devgan, Miss. Vijay Sharma and one Suman Kumar, Under Section 92 C. P. C. for removal of the members of the Governing Council. The suit was filed on 13. 3. 1989 and was withdrawn on 31. 8. 1989. Thereafter, Mrs. Nirmal Chawla, Mrs. Shanta Devgan, Miss Vijay Sharma and Suman Arora filed another suit on 18. 8. 1989 for removal of the members of the society. The said suit is pending in the Court of Shri C. D. Gupta, Sub Judge Ist Class, Amritsar. In July, 1989, Mrs. Nirmal Chawla formed a Parent Teacher Association, with herself as Secretary and Mrs. Shanta Devgan as Vice President. The said association started interfering in the functioning of the Governing Council of the Society. On 29. 11. 1989, the Governing Council of the Society terminated the services of Mrs. Nirmal Chawla, as she had not been allowing the Council to run the affairs of the School smoothly and has started indulging in acts of disobedience of the lawful authority of the Governing Council. Mrs. Chawla challenged the said order of the Governing Council by filing a suit alongwith an application for grant of Ad-interim injunction. That application was dismissed. Thereupon, Mrs. Nirmal Chawla got the suit dismissed as withdrawn on 16. 12. 1989 by Shri M. L. Sarpal, Sub Judge 1st Class, Amritsar.
(3.) THEREAFTER , Mrs. Nirmal Chawla, with the help of the members of the alleged Parent Teacher Association declared removal of the President and Secretary of the society illegally. Mrs. Nirmal Chawla also set up her own Governing Council and ordered the cancellation of the order of her termination. The said association under the leadership of Mrs. Nirmal Chawla started making illegal attempts to interfere in the lawful possession of the School and its management by Governing Council of the Society. The Society through its Secretary, moved an application to the Deputy Commissioner for taking appropriate action to maintain peace at the School premises.;


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