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2006 Supreme(SC) 749

S.B.SINHA, DALVEER BHANDARI
KANYA JUNIOR HIGH SCHOOL, BAL VIDYA MANDIR, ETAH, U. P. – Appellant
Versus
U. P. BASIC SHIKSHA PARISHAD, ALLAHABAD, D. P. R – Respondent


Advocates who appeared in this case:
R.B. Mehrotra, Senior Advocate (Rajesh, Advocate, with him) for the Appellant;
Ms Shobha Dikshit and Subodh Markandeya, Senior Advocates (Mohd. Tahir Siddiqui, F.K. Jha, Ms Indu Mishra, Ms Chitra Markandeya, Ms Vibha Arora and Bhishmendra Pratap Singh Shakya, Advocates, with them) for the Respondents.

Judgment

DALVEER BHANDARI, J.-

1.This appeal is directed against the judgment and order dated 10-4-2003 passed by the High Court of Judicature at Allahabad in Civil Writ Petition No. 15255 of 2003.

2. Respondent 3, Smt Santosh Upadhyaya was working as an Assistant Teacher in Kanya Junior High School, Bal Vidya Mandir, Etah. A letter dated 8-9-2001 in the form of a show-cause notice was sent to Respondent 3 by the Principal of the School directing her to stop her acts of indiscipline. The letter dated 8-9-2001 reads as under:

"(Minority Institution) Girls Junior High School, Bal Vidya Mandir, Etah (Permanently Recognised from Government for the Classes from Nursery to VIIIth)

From: Principal To:

Smt Santosh Upadhyaya, Asstt. Teacher, Girls Junior High School, Bal Vidya Mandir, Etah

Dated: 8-9-2001

Subject: Regarding indiscipline, etc.

Madam, You are not complying with the following instructions despite a number of oral as well as written orders:

1. Refusal to sign on the order register and on other information, etc.

2. Laxity in teaching work.

3. Non-performing the duties of your charge.

4. Use of indecent language and shouting for giving reply.

5. Using caste-related words to spoil the atmosph



















































































































































































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