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2006 Supreme(SC) 795

H.K.SEMA, D.K.JAIN
Om Prakash Mann – Appellant
Versus
Director of Education (Basic) – Respondent


JUDGMENT

Sema, J.—The challenge in this appeal is to the order dated 16.9.2003 dismissing the writ petition by confirming the order dated 22.2.1992 passed by the Director of Education (Appellate Authority) dismissing the appeal.

2. We have heard the parties.

Few facts may be noted:

(1)The appellant was appointed as Head Master on probation by an order dated 22.10.1984 (despite repeated request, the appointment order has not been placed on record). It is, however, admitted that the appellant was on probation.

(2)The service of the appellant was terminated by an order dated 11.8.1989 as required under the Rule, preceded by an injury. He has carried an unsuccessful appeal before the Appellate Authority. Aggrieved thereby the appellant filed a writ petition which has been dismissed by the High Court. Hence the present appeal.

On 1.2.1989 the following charges were framed against the appellant:

“You are charged for intentional serious dereliction of duty, misappropriation of funds, not proving your integrity during period of probation etc. and other charges which are enclosed as evidence and being sent to you by post. An action against you is proposed according to resolution No.2 passed on 8.1














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