MANAGING COMMITTEE TOWN HIGHER SECONDARY SCHOOL Vs. BOARD OF SECONDARY EDUCATION

JUDGEMENT

(1.) This application under Articles 226 and 227 of the Constitution of India has been preferred by the Managing Committee of the Town Higher Secondary School, Monghyr, through its Secretary, for quashing the order dated the 4th November. 1971 (Annexure 7) passed by the President, Board of Secondary Education, Respondent No. 1, setting aside the order of the petitioner discharging Yogeshwar Prasad Singh, respondent No. 4, from the post which he was holding as assistant teacher in the said school.

(2.) In order to appreciate the point involved in this application it will be necessary to state briefly the facts. On the 30th December. 1969, six charges were framed against respondent No. 4 -- vide Annexure 1. Those charges were served on the 16th January, 1970. Thereafter on the 29th August, 1970, respondent No. 4 showed cause vide Annexure 2. Subsequently, on the 26th October. 1970, the petitioner considered the show cause of respondent No. 4 and passed its resolution discharging the services of respondent No. 4, vide Annexure 3. Aggrieved with the order of the Managing Committee respondent No. 4 preferred an appeal before Respondent No. 1, who passed the impugned order.

(3.) Learned counsel appearing on behalf of the petitioner placed before me the impugned order. Annexure 7. The substance of the order is that the Regional Deputy Director (respondent No. 2) after hearing the appeal of respondent No. 4 had submitted his report on which the respondent No. 1 held by the impugned order that no sufficient ground for discharging respondent No. 4 from his service was made out and no opportunity to show cause was given to respondent No. 4 against the proposed punishment of discharge and accordingly he reinstated respondent No. 4 to his post.