MRS. SARASWATI SAINI Vs. THE AIR FORCE SCHOOL & ORS.
LAWS(RAJ)-2005-3-80
HIGH COURT OF RAJASTHAN
Decided on March 22,2005

Mrs. Saraswati Saini Appellant
VERSUS
The Air Force School And Ors. Respondents

JUDGEMENT

Govind Mathur, J. - (1.) This writ petition is directed against the order dated 18.10.2001 passed by Secretary Chairman, School Management Committee, Air Force School, Bikaner. By the order dated 18.10.2001 the petitioner was dismissed from service on discipline and personal conduct unbecoming of a teacher.
(2.) Briefly stated, facts required to be noticed are that the petitioner entered in the services of Air Force School in the year 1982 as a Primary School Teacher. Her services were confirmed w.e.f. 14.1.1984 by an order dated 29.7.1986. A notice to show cause dated 21.3.2001 was served upon her to explain as to why proceedings be not initiated against her having failed to improve teaching performance. The petitioner in response to the notice dated 21.3.2001 submitted an explanation to the Officer-in-charge, Air Force School on 31.3.2001 stating therein that she always taught in excellent manner and. therefore, it was wrong to say that she failed to improve her teaching performance. She also alleged malafides against certain officers of the school while issuing notice to show cause.
(3.) The petitioner was also served with a communication dated 11.9.2001 whereby certain charges were framed against her. The document dated 11.9.2001 though mentions three charges but it nowhere mentions with regard to initiation of any disciplinary proceedings. A reminder to the communication dated 11.9.2001 was served on the petitioner on 17.9.2001. Under reminder dated 17.9.2001 the Officer-in-charge of Air Force School, Bikaner also served elaborate and definite charges framed against the petitioner in consonance with letter dated 11.9.2001. By reminder dated 27.9.2001 the petitioner was directed to submit -her reply to the allegations within a period of 24 hours. The allegations levelled upon the petitioner under communication dated 17.9.2001 read as under : "1. Not abiding by rules and regulations of Air Force School. You have approached legal bodies to settle your grievances and not followed the redressal system of the Air Force School. 2. Not obeyed orders by the higher authorities. You have refused to be counselled by the Head Mistress, Air Force School and sign the counselling register on 10 September 2001 and subsequently signed the counselling register "under protest'". 3. Passing derogatory comments/remarks on School Management Committee. You had alleged bias on part of the administration. On 5 September, 2001 by saying "there are different rules for different teachers" and words to that effect.";


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