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1994 Supreme(SC) 536

A.M.AHMADI, G.N.RAY
Tilak Chand Magatram Obhan – Appellant
Versus
Kamala Prasad Shukla – Respondent


ORDER

1. The facts leading to this appeal lie in a narrow compass. The respondent K.P. Shukla was appointed as a teacher on 14-6-1968 and was confirmed in the year 1970. He was suspended from service on 20-12-1975 and was charge-sheeted on 23-12-1975 on as many as 16 counts. An Enquiry Committee was appointed as per the provisions of the Secondary School Code which found him guilty by majority on all counts and removed him from service. The delinquent filed an appeal which was allowed by the Deputy Director of Education, Greater Bombay, by his order dated 31-5-1977. The Deputy Director came to the conclusion that the rules of natural justice had been violated inasmuch as Shri S.K. Vig who was co-opted as nominee of the school was not a member of the Managing Committee; the record and proceedings of the Enquiry Committee were not properly maintained; the Secretary was not always present at the meetings of the Enquiry Committee and Shri Inder Raj Sudan, the Principal of the School had a strong bias against the delinquent and, therefore, he could not and ought not to have acted as a member of the Enquiry Committee. On these grounds the Deputy Director of Education set aside the order o











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