- (1.) Heard the learned counsel for the parties.
(2.) The present appeal has been preferred under Section 15 of the Jharkhand Education Tribunal Act against the order dated 24.8.07 passed by the learned Jharkhand Education Tribunal, Ranchi in Case No. 12/2007(JET), whereby, the learned tribunal allowed the application of respondent No. 1 (petitioner therein) and has also quashed the order dated 16.4.2007 whereby the services of respondent No. 1 were terminated.
(3.) The brief facts of the case are as under; Appellant No. 1 is a trust and a registered Muslim Minority Educational Society under the Societies Act, 1860. The Kabir Women's College was established by the trust with a view to promote all kinds of education among the minority and culturally backward communities of Chhotanagpur. The said college is being run by the appellant trust and is recognized and recommended by the Academic Council as a Minority college. It is the case of the appellant that the management of the institution is run by the trust and is established and managed by bye laws approved by the Board of Trustees. Respondent No. 1 was appointed as lecturer against the sanctioned post of lecturer of Home Science by order dated 15.1.1991 and accordingly she gave her joining and served the institution for about 20 years. Respondent No. 1 was served with charges vide Annexure-1 i. e. letter dated 20.2.2007 and following charges were leveled against her; a) Inciting teachers, non-teaching staff and students against the college authority, b) Tormenting and terrorizing the college students c) Refusal of supervise the college canteen. d) Boycotting and disturbing the college programmes. e) Humiliating and torturing the new teachers. f) Hatching conspiracy against the principal and intimidating her to act according to your whims. g) Creating chaos and unruly scenes in the Farewell function. The letter of suspension dated 20.2.2007 issued by the appellant No. 2, whereby respondent No. 1 was placed under suspension for a period of 60 days with immediate effect pending enquiry on the ground that respondent No. 1 was found that she continued to indulge in activities and the detailed of the same is in the order of suspension itself. Respondent No. 1 gave her explanation in response to letter 12.4.2006, thereafter, the order of dismissal came to be passed. Being aggrieved and dissatisfied with the order of dismissal, respondent No. 1 preferred a Case being Case No. 12/2007 before the learned Jharkhand Education Tribunal. Jharkhand Education Tribunal by order dated 24.8.07 allowed the application of respondent No. 1 and has also quashed the order dated 16.4.2007 whereby the services of respondent No. 1 were terminated. ;