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1977 Supreme(SC) 279

A.C.GUPTA, P.N.SHINGHAL
Cyril E. Fernandes – Appellant
Versus
Maria Lydia – Respondent


Advocates:
B.R.AGRAWAL, J.P.MEHTA, JANENDRA LAL, R.J.V.SACHTHEY, R.K.GARG, S.C.AGRAWAL, S.N.ANAND, V.J.Francis

Judgment

GUPTA, J. - The appellant was employed as a teacher in the Presentation Convent High School, Margao, Goa. The school is recognised by the Dept. of Education of the Govt. of the Union Territory of Goa, Daman and Diu, the 4th respondent herein, and as a condition precedent to such recognition the school is required to comply with the rules in the grant-in-aid established by the Govt. for granting aid to educational institutions. The first respondent is the Principal and Manager of that school. Some time in March 1974 on receiving a complaint from a girl student and after making an enquiry into the allegation herself, the first respondent wrote to the second respondent, Director of Education of the Government of Goa, Daman and Diu, seeking his approval for terminating the services of the appellant.Subrule (2) of Rule 74 of the grant-in-aid Code requires the prior approval of the Deputy Director of Education for the termination of the services of a permanent employee. Rule 74 (2) provides iner alia that the services of a permanent employee may be terminated by the management without assigning any reason on giving as compensation 12 months salary to the employee if he or she has








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